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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
Judgment of the first instance.
Reasons
1. The following facts are acknowledged in light of the following facts in each of Gap evidence 1 to 6, Gap evidence 7-1 to 4, Gap evidence 9, 12, Eul evidence 2-1, Eul evidence 2-2, Eul evidence 5-1, Eul evidence 6-1 to 4, Eul evidence 7, Eul evidence 9-2, Eul evidence 9-2.
[1] On December 21, 201, the Plaintiff entered into a credit guarantee agreement with the Defendant A (hereinafter “A”) of the first instance trial, which guarantees the loans owed by A to the Industrial Bank of Korea.
The credit guarantee agreement of this case (hereinafter “the credit guarantee agreement of this case”) was to provide the credit guarantee principal of KRW 169,200,000 and the term of the credit guarantee by December 20, 2012.
Defendant B of the first instance trial (hereinafter “B”) entered into an agreement between the Plaintiff and the Plaintiff on the joint and several guarantee of all obligations that A owes to the Plaintiff under the instant credit guarantee agreement (hereinafter “instant joint and several guarantee agreement”).
A was granted a loan of KRW 188,00,000 from the Industrial Bank of Korea as security in accordance with the credit guarantee agreement of this case.
The credit guarantee agreement of this case includes the following matters:
Article 10 (Scope of Repayment) (1) When the Foundation performs guaranteed obligations, the principal and the joint guarantor shall pay the following amounts immediately:
1. Performance amount of surety obligations;
2. The rate set by the Plaintiff from performance of subparagraph 1 to the date of redemption, and the amount calculated according to the calculation method.
3. Expenses incurred in performing guaranteed obligations;
4. Expenses incurred in the preservation, transfer and exercise of rights which have been acquired through discharge of guaranteed liabilities;
5. Unpaid guarantee fees, overdue guarantee fees, and additional guarantee fees.
6. Compensation for delay calculated by multiplying the amount paid under subparagraphs 3 and 4 by the rate determined by the Plaintiff from the date of payment to the date of repayment [2] A forfeited interest payment on the loans of the Bank from October 21, 2012 to November 12, 2012.
The plaintiff.