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1. The part against the defendant in the judgment of the first instance shall be revoked;
2.(a)
Attached 1. A between the defendant and the co-defendant A of the first instance trial.
Reasons
1. Facts of recognition;
A. 1) A Co., Ltd. (hereinafter “Nonindicted Company”) entered into a credit guarantee agreement
(A) is a company with the objective of oral and miscellaneous manufacture, wholesale and retail business, etc., and the co-defendant A of the first instance trial (hereinafter referred to as the "A").
) The Plaintiff was the representative director and the single shareholder of the non-party company. The Plaintiff is an individual credit guarantee agreement with the non-party company (hereinafter “each of the credit guarantee agreements of this case”).
The non-party company entered into a contract, and pursuant to the above credit guarantee agreement, the non-party company omitted the description of the company.
(2) A loan was granted from a new bank as follows. On March 7, 2018, 2018, KRW 180,000,000 won in an enterprise bank from March 6, 2018, KRW 180,000,000 won in an amount of loan guaranteed on the date of a guarantee agreement, and KRW 64,00,000 won in an enterprise bank from February 17, 2016 to February 31, 2015, KRW 30,000,000 in an annual amount of loan guaranteed on the date of a guarantee agreement, and KRW 16,00,000 in an annual amount of loan guaranteed by the new bank from March 30, 2016 to April 15, 2015 to the date of the enforcement of the guarantee agreement, and KRW 16,50,000,000 won in an annual amount of loan guaranteed by the Plaintiff (the Plaintiff’s debt guarantee agreement).
3) On the same day, A has jointly and severally guaranteed all obligations owed by the non-party company under each credit guarantee agreement in this case. (B) On February 4, 2016, the Plaintiff received from the non-party company bank notice of occurrence of a credit guarantee accident due to the principal delay on February 17, 2016, and on behalf of the non-party company, paid 56,852,049 won to the non-party company bank on April 7, 2016 (=the principal amount of KRW 562,60,000,000) (= KRW 4,252,049).
2. On February 2, 2016, the Plaintiff, from the new bank on February 2, 2016, has a benefit of time from the non-party company on February 1, 2016.