1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. On April 30, 209, the Intervenor joining the Plaintiff (hereinafter “ Intervenor”) entered into a credit guarantee agreement with Co-Defendant B, C, D Co., Ltd. (hereinafter “D”), E (hereinafter “E”) and I Co-Defendant A Co-Defendant A (hereinafter “A”) at the first instance trial following the joint and several guarantee (hereinafter “joint and several guarantee in this case”) of the Co-Defendant B, C, and D Co., Ltd. (hereinafter “A”) and the E Co-Defendant A (hereinafter “Co-Defendant A”) at the first instance trial on April 30, 209.

Accordingly, A was loaned KRW 300 million from the Industrial Bank of Korea on April 30, 2009.

On the other hand, Article 5 of the Credit Guarantee Contract of this case is stipulated as follows.

Article 5 (Preliminary Reimbursement) (1) If any of the following events occurs to the principal, the plaintiff may make a prior indemnity without prior notice or demand, and in such cases, the principal and the joint guarantor shall bear the obligation for the prior repayment without objection:

7. Where the Korea Federation of Banks causes overdue information, subrogation (including substitute payment), subsidiary information, related personal information, information in financial order column, and public record information prescribed by the Management Rules of the Korea Federation of Banks;

B. On July 12, 2013, A was subject to regulation on credit management information from the National Health Insurance Corporation on September 4, 2013 due to delinquency in insurance premiums, etc. for employment in arrears.

On the other hand, on October 18, 2013, the Intervenor was notified by the Industrial Bank of Korea of the occurrence of a credit guarantee accident under the instant credit guarantee contract, and on January 7, 2014, the Intervenor subrogated for KRW 305,210,580 of the principal and interest of A until the Industrial Bank of Korea.

C. The Intervenor recovered KRW 1,420,270 after the Intervenor paid KRW 2,288,383 (= KRW 1,236,90, KRW 1,051,483) as the cost for preserving the claim for reimbursement due to the said subrogation.

The rate of damages for delay under the credit guarantee contract of this case shall be annually.