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1. Of the judgment of the first instance, the part against the defendant in excess of the following cancellation and payment order shall be revoked.
Reasons
1. Basic facts
A. 1) The Plaintiff entered into a credit guarantee agreement and a joint and several sureties contract (hereinafter “A”) on November 27, 2013, the Co-Defendant A Co-Defendant A Co-Defendant A (hereinafter “A”).
(1) The term of a credit guarantee agreement between November 27, 2013 and November 27, 2014 (which shall be extended from November 27, 2015), the amount of security deposit of KRW 1,980,000,00 shall be determined as a guarantee agreement (hereinafter referred to as the “guarantee agreement of this case”).
(2) According to the instant guarantee agreement, A entered into a contract, and issued a credit guarantee certificate to A in accordance with the instant guarantee agreement. (2) According to the instant guarantee agreement, upon the Plaintiff’s performance of the guaranteed obligation, A shall pay to the Plaintiff ① the amount of subrogated payment made by the Plaintiff for the performance of the guaranteed obligation, damages for delay determined by the Plaintiff from the payment date of the subrogated payment to the date of full payment, ② legal procedure expenses incurred by the Plaintiff in order to enforce or preserve the right acquired by the performance of the guaranteed obligation, and the rate of damages for delay determined by the Plaintiff is 12% per annum after December 1
B. On November 27, 2013, A entered into a loan agreement received a loan of KRW 2,200,000 from the Industrial Bank of Korea as collateral a credit guarantee letter issued pursuant to the instant guarantee agreement.
C. (1) On December 26, 2014, A filed an application for commencing rehabilitation procedures with the Seoul Central District Court 2014 Ma100207, thereby causing a credit guarantee accident. (2) The Plaintiff subrogated to the Industrial Bank of Korea on January 29, 2015 for the principal and interest amounting to KRW 1,986,613,568 (i.e., principal and interest amounting to KRW 1,980,000,613,568).
3) On January 29, 2015, the Plaintiff recovered KRW 21,364,228 from A to appropriate it for the repayment of the subrogated amount under the instant guarantee agreement. Accordingly, the amount of subrogated payment remains as KRW 1,965,249,340 (i.e., KRW 1,986,613,568 - 21,364,228.