1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

1. Basic facts

A. 1) The Plaintiff entered into a credit guarantee agreement on March 26, 2014 (hereinafter “D”).

B) Between the two, the amount guaranteed is KRW 300,000,000, and the term of guarantee is fixed as of March 26, 2015 (hereinafter “instant credit guarantee agreement”).

C) At the time, upon entering into a credit guarantee agreement, C guaranteed all obligations owed D under the said credit guarantee agreement to the Plaintiff. 2) D was granted a loan of KRW 300,000,000 from the Industrial Bank of Korea in accordance with the instant credit guarantee agreement, and thereafter, the term of guarantee of the said credit guarantee agreement was extended on March 25, 2016.

3) According to the instant credit guarantee agreement, when the Plaintiff fulfills the guaranteed obligation, D pays to the Plaintiff the amount subrogated by the Plaintiff, delay damages calculated in proportion to the Plaintiff’s reimbursement, legal procedure costs required for the exercise or preservation of the right acquired through the performance of the guaranteed obligation, additional guarantee fees, etc. B. (i) A.e., occurrence of a credit guarantee accident and the Plaintiff’s subrogation, etc.) A. (i) a credit guarantee accident occurred on February 19, 2016 due to delayed payment of interest on the said loan obligation to the Industrial Bank of Korea; and (ii) the Plaintiff subrogated for the principal and interest amount of 304,081,868 won to the Industrial Bank of Korea on October 10, 2016.

2) The rate of damages for delay determined by the Plaintiff pursuant to the instant credit guarantee agreement is 10% per annum from February 1, 2016 to the date, and the legal procedure cost that the Plaintiff has not yet recovered is 1,828,854 won, and the additional guarantee fee is 2,110,680 won. (C) The Defendant concluding the instant mortgage contract is between C and C, and the real estate listed in attached Table 1 of April 17, 2015 (hereinafter “instant land”).

As to the maximum debt amount of KRW 80,000,000, the debtor C and the debtor as the defendant, and the Suwon District Court Law No. 7637, Apr. 17, 2015.