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The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
The purport and purport of the appeal [the purport of the appeal]
Reasons
1. Basic facts
A. (1) The Plaintiff entered into a credit guarantee agreement with B Co., Ltd. (hereinafter “B”) with a view to guaranteeing the obligation of a loan to be received from the Industrial Bank of Korea (hereinafter referred to as “the instant credit guarantee agreement”, and collectively referred to as “each of the instant credit guarantee agreements”). On September 17, 2012, D 170,000,000 as a joint guarantor based on the guarantee date’s guarantee amount, and on September 17, 2013, E on 127,50,000,000 won on 19,200,000 won on 20,000 won on 17, 2017, each of the credit guarantee conditions was modified to 30,000 won on 19,200,000 won on 30,000 won on 19, 2016, and 30,000 won on 19, 2017.
3) According to each of the credit guarantee agreements of this case, where the Plaintiff performed the guaranteed obligation, B agreed to pay to the Plaintiff the amount of the guaranteed obligation, the amount of the guaranteed obligation, the amount of damages calculated by the rate and calculation method determined by the Plaintiff from the date of performance to the date of repayment, the expenses incurred in the performance of the guaranteed obligation, the preservation of the rights acquired by the performance of the guaranteed obligation, and
B. The occurrence of a credit guarantee accident and the Plaintiff’s repayment 1) B did not pay interest, and the Plaintiff’s credit guarantee accident occurred on May 24, 2018. Under each of the credit guarantee agreements of this case, the Plaintiff subrogated to pay KRW 301,882,059 in total to the Industrial Bank of Korea on September 5, 2018 (i.e., the subrogated payment amounting to KRW 42,918,595 in relation to the instant credit guarantee agreement of KRW 129,563,173 in subrogation payment related to the instant credit guarantee agreement of KRW 329,563,173 in relation to the instant credit guarantee agreement of KRW 129,40,291.
In addition, the plaintiff paid 2,171,450 won by subrogation due to measures for preserving claims, etc., but recovered 1,931,880 won by subrogation, and the balance of the substitute payment by subrogation is 239.