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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. Basic facts
A. The Plaintiff’s joint Defendant A in the first instance trial on July 7, 2014 (hereinafter “A”) is the co-defendant A in the first instance trial on July 7, 2014
(2) Under a credit guarantee agreement with the Plaintiff, the Plaintiff issued a credit guarantee agreement with the term of 85,00,000 won of the guaranteed principal, and the term of guarantee until July 7, 2015 (the extension until July 6, 2016). A submitted the said guarantee agreement and borrowed KRW 100,000 from the Han Bank. Accordingly, the Plaintiff guaranteed the principal and interest of Han Bank. The joint Defendant B guaranteed the Plaintiff’s liability for reimbursement under the said credit guarantee agreement with the Plaintiff. (2) In concluding the said credit guarantee agreement, the Plaintiff and the Plaintiff jointly guaranteed the Plaintiff’s liability for reimbursement under the said credit guarantee agreement. (3) In the event the Plaintiff performed the said guaranteed obligation, the Plaintiff paid the Plaintiff the amount of subrogation paid by the Plaintiff for the performance of the guaranteed obligation, the rate of 17% per annum from the date of payment to the date of full payment to the date of termination of the guarantee agreement with the Plaintiff’s interest rate of 10% per annum from the date of payment to the date of termination of the guarantee agreement.
3) On December 21, 2015, A was unable to pay the principal and interest upon delinquency in paying interest on the above loan, thereby losing the benefit of the due date, and the principal and interest were not repaid. On March 17, 2016, A subrogated to Han Bank for KRW 86,076,455 (interest of KRW 85,00,000 on principal and interest) on behalf of Han Bank as a guarantor, and the outstanding amount is KRW 1,040,801 out of the legal procedures that the Plaintiff paid for the preservation, etc. of the claim for reimbursement. 4) The Plaintiff filed the instant lawsuit against A, B, and Defendant, and the court of first instance claimed for reimbursement pursuant to the said subrogation against A and B on April 1, 2017.