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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. Around October 6, 2004, the Plaintiff Co-Defendant A in the first instance trial (hereinafter “A”) (hereinafter “A”), around October 6, 2004.
B) As between the Defendant and the first instance co-defendant B (hereinafter “B”) entered into a credit guarantee agreement between October 6, 2004 and October 5, 2005 with the term of the credit guarantee as the credit guarantee principal as of KRW 59.5 million.
(2) According to the above credit guarantee contract, A guaranteed the Plaintiff’s obligation. On October 7, 2004, A received money from E bank as collateral for the credit transaction agreement with the credit limit amount of KRW 70,000,000 from E bank. 2) After which A had continued to renew the credit transaction agreement by extending the expiry date of the credit transaction with E bank. In the process, A extended the credit limit amount of KRW 50,00,000 on December 15, 2015, and extended the expiration date of the credit period to June 14, 2016.
In addition, A has continued to renew the credit guarantee agreement with the Plaintiff. On December 15, 2015, A changed the guarantee limit to KRW 40 million and June 14, 2016 to KRW 38.4 million.
(hereinafter referred to as “the instant guarantee agreement”). B. each of the above guarantee contracts
On June 15, 2016, A, at the time of the occurrence of a guarantee accident and payment by subrogation, there was a balance of 49,954,785 won loan exceeding the above credit limit at the time of reducing the credit limit by KRW 48,00,00,000. Since September 30, 2016, E Bank notified the Plaintiff on April 14, 2017, that E Bank was not paying interest any longer after January 20, 2017.
2 On June 27, 2017, the Plaintiff’s debt A to E Bank on June 27, 2018.