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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
Facts of recognition
The Plaintiff entered into a credit guarantee agreement and joint and several guarantee agreement with the co-defendant A of the first instance trial (hereinafter referred to as the “A”), and issued a certificate of credit guarantee as follows, thereby guaranteeing A’s obligation to repay the principal and interest of each loan.
(hereinafter) Each credit guarantee agreement shall be set up by the sequence Nos. 1 below. The amount guaranteed by the guarantee number guarantee term on June 30, 201, F 380,000,000 on June 30, 201, Korea C&T Bank on June 30, 201, as follows: (a) on June 30, 201, G 170,000,000 on June 30, 201, H 285,000,000 on October 4, 2012; (b) on May 17, 2016, one bank No. 410,000, I 510,0000,000 on October 4, 2012; and (c) on June 21, 2013, the following major damages determined by the Plaintiff during the credit guarantee agreement between the Plaintiff and the Plaintiff during the credit guarantee period:
Article 10 (Scope of Repayment) (1) When the plaintiff has performed the guaranteed obligation, the principal and the joint guarantor shall pay the amount falling under any of the following subparagraphs immediately:
1. Performance amount of surety obligations;
2. The rate determined by the Plaintiff from the date of performance to the date of repayment for the amount under subparagraph 1 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 any right acquired through the discharge of guaranteed liabilities;
5. Unpaid guarantee fees, overdue guarantee fees, additional guarantee fees, and performance guarantee fees;
6. Damages for delay calculated by multiplying the amount paid under subparagraphs 3 and 4 by the rate determined by the Plaintiff from the payment date to the repayment date.
1. Insurance premiums paid on behalf of the plaintiff pursuant to Article 8 (3);
2. C, an executive officer of the expenses incurred in executing, preserving (including termination) and exercising the claims and in legal proceedings therefor, is not more than the co-defendant B of the first instance court, the representative director of A, with respect to the respective credit guarantee agreements Nos. 1 and 2 of Table 1.