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1. The part against the defendant in the judgment of the first instance shall be revoked.
The defendant and C are listed in the separate sheet.
Reasons
1. Facts of recognition;
A. On February 5, 2010, the Plaintiff Co-Defendant A Co-Defendant A (hereinafter “A”) at the first instance trial on February 5, 2010.
(2) On February 8, 2010, A entered into a credit guarantee agreement with the principal of the guarantee and the credit guarantee amount of KRW 50,000,00, and the guarantee period as of February 4, 2015, and issued a credit guarantee agreement with the same contents as above. A submitted the credit guarantee agreement to the Bank of Korea on February 8, 2010, and received KRW 50,000,000. (2) A entered into an agreement with the Plaintiff on the contractual damages of the interest rate determined by the Plaintiff based on the amount of the guaranteed obligation subrogated by the Plaintiff at the time of the said credit guarantee agreement, the amount of the guarantee obligation subrogated by the Plaintiff and the credit guarantee fund therefor, and the outstanding principal of the guarantee interest for the period from the date following the date of payment of the final guarantee fee to the date before the date of payment, shall pay
3) Co-defendant C of the first instance trial (hereinafter “C”).
(B) On November 9, 2013, when a credit guarantee accident occurred due to the delinquency in payment in installments of A, the Plaintiff subrogated to the Bank of Korea for KRW 13,430,657 ( principal 13,165,756 + interest 264,901) on February 25, 2014.
2) After that, the Plaintiff disbursed KRW 2,879,438 as the cost for the measures to preserve the claim, and A paid guarantee fees up to February 7, 2014. 3) The Plaintiff’s claim for indemnity against A based on the credit guarantee agreement as above 16,318,675 won [13,430,657 won + penalty for subrogation + 8,580 won (13,165,756 won x 17 days x 365 days x 1.4%, and less than 10 won shall be discarded.
(2) The Plaintiff’s interest rate for delay is 12% per annum from the date of payment by subrogation.
C. C’s act of disposal of property 1 C is described in the separate sheet with the Defendant on September 17, 2013.