The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

1. Facts of recognition;

A. On March 31, 2014, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with the effect that the Plaintiff guarantees the payment of principal and interest payable to the Industrial Bank of Korea (hereinafter “the instant credit guarantee agreement”) on July 1, 2018, on the following grounds: (a) the organizational change to B Limited Liability Company B (hereinafter “B”); (b) KRW 100 million guaranteed; and (c) March 31, 2015 (the extension to March 30, 2018); and (d) the Defendant jointly and severally guaranteed the liability for indemnity owed to the Plaintiff by the said company pursuant to the instant credit guarantee agreement.

B. B obtained a loan of KRW 100 million from the Industrial Bank of Korea; thereafter, as a result of a simplified rehabilitation application filed by B, the Plaintiff would lose the benefit of the repayment of the loan obligation, and on September 22, 2017, the Plaintiff repaid the loan of KRW 90,488 to the Industrial Bank of Korea by subrogationing B, and thereafter, recovered KRW 390,191 through refund of guarantee fees, etc. and recovered KRW 90,092,297.

C. The rate of damages for delay under the credit guarantee agreement of this case is 10% per annum from the date of subrogation, and other fixed damages were 492 won per annum and 1,244,942 won per legal procedure costs.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings

2. According to the above facts of determination, the Defendant: (i) KRW 91,337,731 (i) (i) KRW 90,092,297; (ii) KRW 1,244,942; and (iii) KRW 90,092,97, which is the date of subrogation, for the amount of KRW 90,092,297, the date of subrogation; (iii) KRW 10% per annum, the agreed rate from September 22, 2017 to May 27, 2019; (iv) Article 3(1) of the Act on Special Cases Concerning Encouragement, etc. of Legal Proceedings; and (v) Article 2(2) of the Addenda to the main sentence of Article 3(1) of the Act on Special Cases Concerning Encouragement, etc. of Legal Proceedings; and (v) Article 3(1) of the former Enforcement Decree of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Etc., amended by Presidential Decree No. 297519.