1. Of the judgment of the court of first instance, the part against the Defendants relating to the conjunctive claim shall be revoked, and that part shall be revoked.

Basic Facts

In around 2014, the Korea Technology Credit Guarantee Fund, including the instant agreement and subrogation, entered into a credit guarantee agreement (hereinafter “the first and second agreements”) with the Co., Ltd. (hereinafter “Non-Party Company”) with the following terms and conditions. At the time, the Plaintiff, the representative director of the Non-Party Company, at the time, jointly and severally guaranteed the liabilities to Non-Party Company to the Korea Technology Credit Guarantee Fund under the instant agreement:

On October 2, 2016, 1200, D. D. D. 855,000,000 won on July 01, 2015, when the Korea Technology Credit Guarantee Fund performs a credit guarantee obligation under the instant agreement, the Plaintiff agreed to pay, on July 01, 201, the non-party company and the Plaintiff to pay the amount subrogated by the Korea Technology Credit Guarantee Fund and the amount of damages calculated at the rate determined by the Korea Technology Credit Guarantee Fund from the date of performance to the date of repayment, as well as the amount of damages incurred in performing the obligation, the amount of damages incurred in the performance of the obligation, etc. (hereinafter referred to as “the indemnity amount of the instant agreement”) calculated at the rate determined by the Korea Technology Credit Guarantee Fund from the date of performance to the date of repayment.

Under the instant agreement, the non-party company entered into a credit transaction agreement with the Industrial Bank of Korea on June 3, 2014 (hereinafter “the instant credit transaction agreement”) in order of each credit transaction agreement on KRW 100,000,000 and KRW 950,000,000 on July 8, 2014 (hereinafter “the first, second credit transaction agreement”), and was subsequently loaned KRW 100,00,000 from the Industrial Bank of Korea pursuant to the Credit Transaction Agreement on June 3, 2014, and KRW 285,00,000 from the Industrial Bank of Korea pursuant to the second credit transaction agreement on July 8, 2014.

After that, as a credit guarantee accident occurs that the non-party company loses its interest by delaying the repayment of principal and interest under the instant credit transaction agreement on April 20, 2015, the Korea Technology Credit Guarantee Fund paid 258,97, and 258,973,812 by subrogation according to the agreement on June 26, 2015, pursuant to the agreement on June 1, 2015.