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1.The judgment of the first instance court shall be modified upon a request for change in exchange at the trial as follows:
Defendant A.
Reasons
1. Basic facts
A. The Plaintiff’s entry of “stock company” at a financial institution, which was the date of the agreement on the guarantee of indemnity claim against A, is omitted.
(hereinafter the same shall apply)
The Plaintiff shall enter the amount of KRW 237.5 million in the Guarantee Principal Guarantee Agreement (2200 million) from March 22, 2010 to March 21, 2011 (200 million until March 21, 2013) of the Second Credit Guarantee Agreement (200 million to March 21, 2013) from New Bank 45 million won on April 14, 2011 to April 13, 201, and the Industrial Bank of Korea from April 14, 2011 to April 13, 2012 (200,000 won until April 12, 2013) of the 3 Credit Guarantee Agreement from New Bank 290,700,000 won to April 13, 2013 (20,000,000 won to April 13, 2013) as follows:
between D and the Plaintiff’s credit guarantee agreement (hereinafter collectively referred to as the “instant credit guarantee agreement”) with the content that the Plaintiff guarantees the performance of its obligations to D financial institutions (hereinafter referred to as “credit guarantee agreement”).
(2) A, who is the representative director of D, has jointly and severally guaranteed all obligations that D bears to the Plaintiff in accordance with the instant credit guarantee agreement.
3) D submitted each credit guarantee instrument issued under the instant credit guarantee agreement, and received a loan of KRW 250 million from the new bank, KRW 50 million, KRW 330 million, and KRW 45 million from the Industrial Bank of Korea. (4) A new bank received a loan of KRW 45 million from the Industrial Bank of Korea on October 17, 2012, on the ground that a guarantee accident occurred that D delayed repayment of principal and interest and lost its interest as of October 10, 2012, the Industrial Bank of Korea notified the Plaintiff of the occurrence of each credit guarantee accident on October 18, 2012 on the ground that D delayed payment of interest and loss of interest as of October 16, 2012 due to the occurrence of each credit guarantee accident. Accordingly, the Plaintiff paid the principal and interest of KRW 45 million to the Industrial Bank of Korea on October 10, 2013, and the principal and interest of loan of KRW 45 million on May 31, 2013.