1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order of payment shall be revoked.

Defendant.

1. The Plaintiff filed a claim for reimbursement against the Defendants, and filed a claim for revocation of each fraudulent act against the co-defendant F of the first instance trial and E.

Therefore, the court of first instance partially accepted the Plaintiff’s claim for indemnity, dismissed the remainder of the claim (the court of first instance accepted the Plaintiff’s claim against KRW 339,765,576 in aggregate of the principal amount of indemnity and the amount of damages for delay in confirmation, but dismissed the remainder of the claim for revocation of fraudulent act filed against Codefendant E and the Defendant of the first instance court’s claim against the Defendant of the first instance court for revocation of fraudulent act. The court of first instance dismissed the claim against the Defendant of the Defendant of the first instance by 12% per annum from November 27, 2015 to September 8, 2016 (the amount of damages calculated at the rate of 12% per annum and 15% per annum from the next day to the date of full repayment).

In this regard, the plaintiff only appealed against the part of the claim for indemnity, which is limited to the damages for delay of the plaintiff's claim for indemnity.

2. Basic facts

A. On April 4, 2011 and August 5, 2011, the Plaintiff and the Defendant Company A (hereinafter “Defendant Company”) concluded a credit guarantee agreement with the effect that the Defendant Company will guarantee the amount of KRW 450 million out of the total amount of KRW 500 million loaned from the Industrial Bank of Korea. However, in the event that the Plaintiff made a subrogation for the Defendant Company due to a guarantee accident, the Plaintiff entered into a credit guarantee agreement with the Defendant Company to pay the Plaintiff the amount of subrogation and the amount of delay calculated at the rate determined by the Plaintiff, the legal procedure expenses paid by the Plaintiff for the preservation of the claim for reimbursement (hereinafter “instant credit guarantee agreement”). Defendant B, C, and D jointly and severally guaranteed the Defendant Company’s obligation under the instant guarantee agreement.

B. On October 7, 2014, the Industrial Bank of Korea, upon the occurrence of a guarantee accident for the loss of benefit arising from the Defendant Company, issued this case to the Plaintiff.