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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. On April 22, 2016, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with co-defendant A Co-Defendant A Co-Defendant A (hereinafter “instant company”) and the Industrial Bank of Korea on the loans for small and medium enterprise funds, setting the guaranteed principal as KRW 160,000,000, and April 21, 2017.
B. On April 22, 2016, the Defendant entered the Defendant’s address and resident registration number in the joint and several surety column of the letter of guarantee agreement on the instant credit guarantee agreement, and affixed his/her signature and seal on the name column.
C. According to Article 10 of the Guarantee Agreement, when the plaintiff has performed a guaranteed obligation, the client and the joint guarantor shall pay the amount of the guaranteed obligation, ② the amount of the guaranteed obligation determined by the plaintiff from the date of performance to the date of repayment, ③ the expenses incurred in the performance of the guaranteed obligation, ④ the expenses incurred in the preservation, transfer and exercise of the right acquired through the performance of the guaranteed obligation, ⑤ the unpaid guarantee fee, overdue charge, additional guarantee fee, and performance guarantee fee, etc. The joint guarantor shall be jointly and severally liable with the client for the obligation to be borne by the client under this Agreement.
On April 22, 2016, the instant company obtained a small and medium enterprise financing loan of KRW 160,000,000 from the Industrial Bank of Korea on April 21, 2017, by setting the expiry date of the credit from the Industrial Bank of Korea under the credit guarantee agreement in this case.
E. On April 22, 2017, the instant company was unable to repay the loan on the day when the above credit expires, and the Plaintiff subrogated to the Industrial Bank of Korea for the total amount of KRW 160,838,772 (= principal + KRW 160,00,000 + interest KRW 838,772) until May 15, 2017 under the credit guarantee agreement in this case.
F. The occurrence of the above credit guarantee accident occurs.