1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Case summary

A. D Co., Ltd. (hereinafter “D”) concluded each credit guarantee agreement with the Plaintiff on December 14, 2006 with the credit guarantee principal of KRW 1.955 million, and the credit guarantee principal of KRW 1.7 billion on November 12, 2009, and obtained loans from the Industrial Bank of Korea in total of KRW 4.3 billion on November 8, 2013.

At the time, the co-defendant A of the first instance court of D's representative director, jointly and severally guaranteed the plaintiff's indemnity liability of D under the above credit guarantee agreement.

B. The above credit guarantee agreement was maintained by the extension of the time limit several times, and there was a credit guarantee accident where D would lose the benefit of the lending obligation due to the suspension of current account transactions on May 8, 2014.

C. On August 1, 2014, upon the request of the Industrial Bank of Korea, the Plaintiff subrogated for KRW 3,447,423,653 in total to the above bank, and recovered KRW 1,629,346 out of the amount of subrogated payment from D. The Plaintiff spent KRW 1,065,435 out of the amount of subrogated payment.

According to the above credit guarantee agreement, D shall pay the amount guaranteed by the Plaintiff as the obligation of advance reimbursement even before the Plaintiff performs the guaranteed obligation in the event that a cause, such as a disposition of suspension of transaction, occurs by the clearing house. If the Plaintiff performs the guaranteed obligation, D shall pay damages for delay at 12% per annum from the date of repayment of the amount of subrogated and the expenses incurred

E. Meanwhile, on November 20, 2013, Co-Defendant A of the first instance trial concluded a sales contract for the real estate of paragraph (1) stated in the separate sheet No. 1 (each real estate listed in the separate sheet No. 1 is identical to that of paragraphs 1 through 6 in the separate sheet No. 2) with the Defendant on November 20, 2013 (hereinafter “instant sales contract”) and completed the registration of ownership transfer on December 9 of the same year.

【Unsatisfy-founded facts, Gap 3, 11, and 12 (including paper numbers), each of the statements and arguments.