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1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. On May 25, 2014, B, running a mutual company “C”, concluded a contract with E and E to pay the remainder of KRW 135 million (hereinafter “the instant machinery contract”) in the Daroon AUTO SPRAY Form 1 (hereinafter “instant machinery”) in the Daroon-si YY Form (hereinafter “instant place”) and to pay the remainder of KRW 30% of the down payment, intermediate payment, 40%, and 30% of the remainder in cash (hereinafter “instant machinery contract”).
B. B requested the Defendant to provide a credit guarantee in order to obtain a loan for the instant mechanical contract amount, and the Defendant concluded a credit guarantee agreement between B and B on June 11, 2014 and June 10, 2019 (hereinafter “credit guarantee agreement of this case”), which is an amount of KRW 90 million (90% of the amount of the loan, the amount of the loan, the amount of the loan, the amount of the loan, and the amount of the credit guarantee principal (90% of the amount of the loan) (hereinafter “credit guarantee agreement of this case”), and imposed the liability for the guarantee according to the terms and conditions.
C. On June 12, 2014, the Plaintiff offered credit guarantee certificates issued pursuant to the credit guarantee agreement of this case (hereinafter “credit guarantee certificates of this case”) to B as collateral, with a floating interest rate (1.82% of the base interest rate and 12 months during which interest rate is fixed) until June 10, 2019, and the principal amount shall be repaid in installments after the lapse of 18 months, but if B fails to repay the principal and interest of this case within the fixed period, the Plaintiff provided a loan of KRW 100 million for corporate general facilities funds by promising to lose the benefit of the fixed period.
(hereinafter “instant loan agreement”). D.
(1) The credit guarantee agreement column of the instant special agreement, the terms and conditions of exemption, and the loan-related provisions (1) contained the special agreement stating that “I will acquire a notarial deed or a security for transfer by means of a certified fixed date immediately after the construction of the instant machine” (hereinafter “instant special agreement”).
(2) On the other hand, the credit guarantee terms and conditions applicable to the instant credit guarantee agreement (Evidence No. 2) are as follows.