1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3.Paragraph 1 of the text of the judgment of the court of first instance.

Basic Facts

A. On June 26, 2013, the Plaintiff entered into a credit guarantee agreement with a co-defendant A of the first instance trial (hereinafter “A”) to guarantee a loan obligation to a national bank A, a stock company, by setting the credit guarantee principal as at 76,50,000, and the guarantee term as at June 25, 2018. If the Plaintiff fulfills the guarantee obligation, A entered into a credit guarantee agreement with a joint defendant B of the first instance trial (hereinafter “B”) to pay all incidental obligations, such as the amount of the performance of the guarantee obligation and the amount of the penalty, the amount of damages for delay, the execution and preservation of the claim, the exercise of the claim, and the expenses used in legal procedures (hereinafter “the credit guarantee agreement in this case”). The co-defendant B of the first instance trial (hereinafter “B”) as the husband of the instant credit guarantee agreement, as at all the obligations of A under the instant credit guarantee agreement

B. On June 28, 2013, A submitted a credit guarantee certificate issued by the Plaintiff pursuant to the instant credit guarantee contract to the National Bank, and received KRW 90,000,000 from the National Bank. Upon delay in the repayment of the above loan obligation, A requested the Plaintiff to pay the deposit amount. Accordingly, the Plaintiff paid KRW 77,102,420 to the National Bank on July 31, 2014.

C. A, based on the Plaintiff’s subrogation stated in the above B, bears the Plaintiff’s liability of indemnity equivalent to KRW 77,626,112 in total as stipulated in the instant credit guarantee agreement (i.e., penalty of KRW 77,102,420 in subrogation amount of KRW 147,760 in substitute payment of KRW 375,932 in substitute payment of KRW 77,102,420 in substitute payment of KRW 77,102,420 in subrogation, and the agreed delay damages rate determined by the Plaintiff is 12% per annum.

On May 12, 2014, A entered into a sales contract to sell the real estate listed in the separate sheet (hereinafter “instant real estate”) as the only real estate owned by A (hereinafter “instant real estate”) to the Defendant, who is a woman of B (A), at KRW 105,00,000 (hereinafter “instant sales contract”), and the Defendant’s name on May 19, 2014.