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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The conclusion of a credit guarantee agreement and joint and several sureties A Co., Ltd. (hereinafter “A”).
A) As between the Plaintiff and A on November 26, 2009, in order to secure the payment of the principal and interest of a loan of KRW 400,000,000 from the Industrial Bank of Korea, A may obtain a loan from the Industrial Bank of Korea, the principal of the guarantee shall be KRW 380,00,000, and the term of the guarantee shall be November 25, 2010 (hereinafter “instant credit guarantee agreement”).
(2) On November 24, 2011, and November 23, 2012, the Plaintiff extended the term of guarantee of the instant credit guarantee agreement by November 28, 201, respectively. On November 28, 2012, the Plaintiff changed the term of guarantee to KRW 350,000,000, and the principal of guarantee to KRW 332,50,000,00, respectively, while the term of guarantee was extended by November 22, 2013.
B. On December 10, 2012, when the occurrence of a credit guarantee accident and the Plaintiff’s subrogation did not repay loans to the Industrial Bank of Korea, the Plaintiff paid the final installment on December 10, 2012. On December 31, 2012, the Plaintiff collected KRW 3,400,750 when he subrogated the Industrial Bank of Korea to pay the amount of KRW 324,968,746, and interest in arrears, KRW 1,713,865, and KRW 326,682,61, and interest in arrears, KRW 326,682,75, and paid the legal procedure costs of KRW 37,865,285 to compensate for the claim for indemnity.
Ultimately, the Plaintiff’s claim for indemnity amount (i.e., KRW 362,114,526 (i.e., KRW 326,682,61) - KRW 3,400,750, KRW 37,865,285, KRW 967,380).
C. B entering into a mortgage contract between B and the Defendant on May 7, 2012, with respect to the land of this case, the mortgagee, the debtor, and the credit amount of KRW 224,000,000 (hereinafter “the mortgage contract of this case”) was entered into with the Defendant on May 7, 2012, and the Jeju District Court received on May 7, 2012 as the receipt of KRW 17714.