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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. 1) Co., Ltd. A (hereinafter “A”)
B) On November 3, 2011, the Plaintiff and a new bank received each loan from A, and the credit guarantee agreement (hereinafter “each of the credit guarantee agreements of this case”) is set up two times to secure the payment of the principal and interest of the loan (hereinafter “each of the credit guarantee agreements of this case”), and is distinguished by the sequences.
A) A) The credit guarantee agreement and the details of each credit guarantee agreement and loan are submitted to a new bank and received. Each credit guarantee agreement and the details of each credit guarantee agreement are as listed below. According to each credit guarantee agreement of this case as of November 2, 201, each of the credit guarantee agreements of this case should be repaid from November 3, 201, 200,000 won as of November 3, 201, 201, KRW 300,000,000 won as of November 3, 201, 201, KRW 300,000,000 won as of November 3, 201, 201, KRW 200,000 won as of November 3, 2011, under each of the credit guarantee agreements of this case.
(hereinafter referred to as “instant reimbursement obligation”) B.
1) On November 2, 2012, A caused a credit guarantee accident due to the occurrence of a credit guarantee accident and the repayment of the principal and interest of loan, arrears and substantial closure of business. 2) On February 14, 2013, the Plaintiff subrogated to the new bank for KRW 305,192,465 under the first guarantee agreement of this case, and KRW 183,345,041 under the second guarantee agreement of this case.
Afterwards, KRW 10,113,110 as the amount of subrogated payment related to the first guarantee agreement of this case was collected, and the amount of subrogated payment under the first guarantee agreement of this case at present is KRW 295,079,355 (i.e., KRW 305,192,465 - KRW 10,113,110). The final delay damages up to the date of recovery of the said amount are KRW 534,060.
C. C’s joint and several liability and property disposal act one, while A’s representative director B’s type shall be this.