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1. Revocation of the first instance judgment.
2. As to each real estate listed in the separate sheet between A Co., Ltd and the Defendant, 2015.
Reasons
1. Basic facts
A. 1) On November 21, 2008, the Plaintiff Co-Defendant A Co-Defendant A (hereinafter “A”) at the first instance court on November 21, 2008.
(1) As well as a credit guarantee agreement (hereinafter referred to as “instant first guarantee agreement”) established until November 20, 2009, as well as the guaranteed amount of KRW 1,500,000,000, and the term of guarantee (amended by November 11, 2016 thereafter) (hereinafter referred to as “instant first guarantee agreement”).
(2) On September 9, 201, the Plaintiff entered into a credit guarantee agreement (hereinafter “instant guarantee agreement”) with the Defendant under a credit guarantee agreement and received goods from the Defendant under the said guarantee agreement, and entered into a credit guarantee agreement with A on September 7, 2012 (hereinafter “instant guarantee agreement”). On the same day, A received a loan of KRW 1,00,000,000 from the National Bank of Korea, which was issued a credit guarantee agreement in accordance with the said guarantee agreement.
3) On September 3, 2015, the Plaintiff entered into a credit guarantee agreement with A and the guaranteed amount of KRW 160,000,000, and a credit guarantee agreement with the maturity of September 2, 2016 (hereinafter “instant third guarantee agreement”). In addition, each of the said guarantee agreements is “each of the instant guarantee agreements”.
(4) According to each of the instant guarantee agreements, A entered into an agreement with the Plaintiff to pay the Plaintiff the amount of subrogation and the amount for delay calculated at the rate determined by the Plaintiff from the date of subrogation for the performance of the guaranteed obligation, and the legal procedure cost incurred by the Plaintiff in order to enforce or guarantee the right by performing the guaranteed obligation.
The representative director of A and the co-defendant B, who were co-defendants in the first instance trial, jointly and severally guaranteed the liability for indemnity to be borne by A in accordance with each guarantee agreement in this case.
B. On January 1, 2016, A has caused a credit guarantee accident due to the principal and delayed payment.
Accordingly, the plaintiff on April 29, 2016.