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The part against Defendant A among the part against Defendant A in the judgment of the first instance shall be revoked, and it shall be subject to the revoked part.
Reasons
1. Basic facts
A. On September 17, 2012, the guaranteed amount for guarantee number guarantee period of the date of guarantee of the No. C’s credit guarantee agreement between the Plaintiff and C on the date of guarantee, the Plaintiff entered into three credit guarantee agreements with C on September 17, 2012, and issued a guarantee certificate for each of the instant credit guarantee agreements in order to repay the principal and interest of the loans to be received from the Industrial Bank of Korea (hereinafter referred to as “credit guarantee agreement of this case”), and the Plaintiff entered into three credit guarantee agreements with C on February 19, 2016, as follows, for repayment of the principal and interest of the loans to be received from the Industrial Bank of Korea (hereinafter referred to as “the credit guarantee agreement of this case”) and the total amount of the credit guarantee agreements of this case:
(2) 2) The term of guarantee under the 1st credit guarantee agreement of this case was finally changed on September 13, 2018, respectively, to February 19, 2019, respectively, through several changes in the terms and conditions of guarantee.
3) According to each credit guarantee agreement of this case, upon the Plaintiff’s fulfillment of a guaranteed obligation, C agreed to pay to the Plaintiff the amount of performance of the guaranteed obligation, ② the rate and the amount calculated by the calculation method determined by the Plaintiff from the date of performance to the date of repayment, ③ the expenses incurred in the performance of the guaranteed obligation, ④ the expenses incurred in the preservation, transfer, and exercise of the right acquired through the performance of the guaranteed obligation. (B) The occurrence of a credit guarantee accident and the Plaintiff’s subrogation C caused a credit guarantee accident due to overdue interest on May 24, 2018, and the Plaintiff subrogated to the Industrial Bank of Korea on September 5, 2018 under each credit guarantee agreement of this case (i) KRW 301,882,059 (i) KRW 42,918,595 (ii) the subrogated payment related to the 129,563,173 won related to the 129,400,291 won subrogated payment.
In addition, the plaintiff paid 2,171,450 won by subrogation due to the measures to preserve the claim, etc., but recovered 1,931,880 won by subrogation, and then appropriated it for part of payment by subrogation.