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1. The part against Defendant B among the judgment of the first instance is revoked.
2. The plaintiff's claim against the defendant B is dismissed.
3...
Reasons
1. Basic facts
A. (1) On April 10, 2015, the Plaintiff and Defendant A entered into a credit guarantee agreement, etc. between the Plaintiff and Defendant A, with the coverage of the guaranteed amount of KRW 30,000,000,000 and the guarantee period of April 10, 2020, and Defendant A Co., Ltd. (hereinafter “National Bank”).
(3) The Plaintiff’s credit guarantee agreement to guarantee the principal and interest of loan to be borne by receiving a loan from the Plaintiff (hereinafter “instant credit guarantee agreement”).
(2) According to the instant credit guarantee agreement, Defendant A agreed to pay to the Plaintiff the amount paid by the Plaintiff for the performance of the guaranteed obligation and damages for delay at the rate determined by the Plaintiff from the date of subrogation to the date of repayment, ② the expenses incurred by the Plaintiff in the performance of the guaranteed obligation, ③ the expenses incurred by the Plaintiff in preserving, transferring, and exercising the right acquired by the performance of the guaranteed obligation, ④ the unpaid guarantee fee, additional guarantee fee, and overdue charge.
B. On March 14, 2017, the National Bank notified the Plaintiff of the occurrence of a credit guarantee accident and the Plaintiff’s subrogation. (2) On May 17, 2017, the Plaintiff paid KRW 24,496,210 of the principal amount of the loan to the National Bank on behalf of the Defendant, in total, KRW 24,407,642, interest 8,568, and KRW 24,496,210. As of May 17, 2017, the remainder of the subrogation amount is KRW 24,496,210, and legal procedure expenses are KRW 147,196, and the amount of damages determined by the Plaintiff is 15% per annum from the date of subrogation to April 28, 2015, and 12% per annum from the date of subrogation.
C. Defendant A, such as the registration of creation of a neighboring mortgage, etc. by Defendant B, on December 21, 2016, with respect to each of the real estates listed in the separate sheet owned by Defendant B (hereinafter “each of the instant real estates”), the maximum debt amount is 500,000,000.