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1. The part against the defendant in the judgment of the first instance is revoked.
2. The plaintiff's claim against the defendant is dismissed.
3...
Reasons
1. Facts recognized;
A. (1) The Co-Defendant A Co-Defendant A Co-Defendant A Co., Ltd. (hereinafter “A”) in the first instance trial (hereinafter “A”) concluded each credit guarantee agreement with the Plaintiff (hereinafter collectively referred to as “the instant credit guarantee agreement,” and the individual agreement is set forth in the table below) in order to secure its obligation after obtaining a loan from a financial institution, in order to secure its obligation by obtaining a loan from a financial institution.
Co-Defendant B of the first instance trial as a representative director A, and as a joint and several liability for indemnity that A bears to the plaintiff in accordance with the credit guarantee agreement of this case.
On May 7, 2015, Korea Bank 2E 90,000,000 A on May 8, 2013, 2015, the final guarantee number of the debtor as of the date of concluding the contract, and the other party to the guarantee (the original guarantee number) determined the amount to be paid by the Plaintiff for the performance of the guaranteed obligation as of September 1, 2015, under the interest rate of the Plaintiff’s subrogation and the amount of damages incurred by the Plaintiff during the performance of the guaranteed obligation as of March 23, 2015 (the interest rate of the Plaintiff’s subrogation and the amount of damages incurred by the Plaintiff during the performance of the guaranteed obligation as of September 1, 2015, to the extent that the Plaintiff did not perform the guaranteed obligation as of September 2, 2015,
In addition, in the event that the plaintiff is notified of the occurrence of the reason for the insolvency from the financial institution which is the creditor, A and its joint guarantor agreed to bear the obligation of advance repayment.
B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation (1) due to the delay in payment of the principal of the loan around March 2015, etc.