1. Revocation of the first instance judgment.

2. On August 31, 2017, Nonparty C and the Defendant with respect to the size of 1,752 square meters prior to Chungcheongnam-si, Chungcheongnam-si.

Facts of recognition

The Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with respect to the obligation to repay the principal and interest of a loan to be borne by a corporate bank in obtaining a loan from the corporate bank according to the C’s request for guarantee, which operates the individual enterprise in the name of “D,” and issued a written credit guarantee, as follows:

EF GH C receives each loan from an enterprise bank under each credit guarantee certificate issued as above. The main contents of the instant credit guarantee agreement are as follows.

Article 6 (Pre-Indemnification) (1) When any of the following events occurs with respect to an enterprise which requested a credit guarantee by the principal (hereinafter the same shall apply), the principal and the joint guarantor shall bear the obligation to repay in advance the amount guaranteed by new information, even if there is no notification or peremptory notice from new information:

(Sicker omitted)

1. Where he/she violates Article 5;

2. Where it discontinues its business or fails to continue its business for three months or more;

3. Where there is a reason to be subject to the disposition of suspension of transaction by the clearing house.

7. When there is a decision on seizure, provisional seizure, provisional disposition, or request for auction concerning the place of business (in cases of a lessee, a lease deposit), Article 10 (Scope of Repayment) (1) When a new guarantor has fulfilled the guaranteed obligation, the principal and the joint guarantor shall immediately repay the amount falling under the following subparagraphs:

(Sicker omitted)

1. Performance amount of surety obligations;

2. Damages calculated by multiplying the amount under subparagraph 1 by the rate determined by the new report from the date when the obligation is performed to the date when the obligation is repaid.

3. Expenses for discharge of guarantee obligation; and

4. Expenses incurred in the preservation, transfer and exercise of any right acquired through discharge of guaranteed liabilities;

5. Unpaid guarantee fees, late guarantee fees, and penalty;

6. Compensation for delay calculated by multiplying the amount paid under subparagraphs 3 and 4 by the rate prescribed by the new announcement from the payment date of each purchase-price to the repayment date.

7. The person himself/herself.