1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. On June 24, 2009, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with B, which provides that the principal of the credit guarantee principal shall be paid in relation to the principal and interest of the loan to be paid by obtaining a loan from the Bank of Korea Co., Ltd. (hereinafter “Korea Bank”), and on June 23, 2010 (final June 16, 2017) (hereinafter “the instant credit guarantee agreement”).

B. B had been operating a business with a loan of KRW 200 million from the bank as security of the instant credit guarantee agreement. On July 8, 2016, there was a credit guarantee accident due to the party branch roads (hereinafter “instant credit guarantee accident”).

C. On July 29, 2016, pursuant to the instant credit guarantee agreement, the Plaintiff subrogated to the Bank for KRW 133,379,978 (i.e., the principal of the loan at KRW 133,323,152). On the same day, the Plaintiff recovered KRW 1,101,880 from B and appropriated it for partial repayment.

As Suwon District Court 2016 tea1408, the Plaintiff filed an application against B for a payment order with the purport that B shall pay the above indemnity amount (132,278,399 won and 132,278,098 won among them shall be 10% per annum from July 29, 2016 to the service date of the original copy of the payment order, and damages for delay calculated at the rate of 15% per annum from the next day to the day of complete payment; hereinafter “instant indemnity claim”). The payment order was served to B on October 21, 2016, and was finalized on November 5, 2016.

E. B: (a) On November 13, 2015, B concluded a sales contract between the Defendant and the Defendant to sell KRW 200 million (hereinafter “instant sales contract”); and (b) on January 14, 2016, the sales contract between B and the Defendant to sell KRW 1/2,000,00,000, which is B, out of the instant real estate No. 2, for KRW 35 million (hereinafter “instant second sales contract”); and (c) combined with the sales contract for the instant real estate No. 1.