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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. Facts of recognition;
A. On December 21, 1998, the Plaintiff entered into a credit guarantee agreement (hereinafter “instant secondary guarantee agreement”) with B, (1) with the guaranteed principal of KRW 48,00,000,00, and the term of guarantee until December 21, 1999 (hereinafter “instant primary guarantee agreement”). (2) on May 16, 2000, the credit guarantee agreement with the guaranteed principal of KRW 45,00,000,000, and the term of guarantee (hereinafter “instant secondary guarantee agreement”).
B. However, according to each guarantee agreement of this case, in the event that the plaintiff performs the guaranteed obligation to the Industrial Bank of Korea, B shall pay to the plaintiff the guaranteed obligation that the plaintiff performed and the damages for delay in accordance with the plaintiff's rate and calculation method. The plaintiff shall also pay the incidental debt, such as the legal procedure cost incurred by the plaintiff for preserving the claim for reimbursement.
At the time, C, according to each guarantee agreement of this case, jointly and severally guaranteed the indemnity obligation owed by B to the Plaintiff, while E, and F, under the second guarantee agreement of this case, the indemnity obligation owed by B to the Plaintiff.
C. B took out as security the above first guarantee amounting to KRW 60,000,000 and KRW 50,000 as security the second guarantee amounting to KRW 50,000.
B was changed to D Co., Ltd. (hereinafter “D”) on June 27, 2001, and each of the above loans was changed to D according to each of the respective guarantee agreements of this case.
E. On September 5, 2003, D caused an accident of guaranteeing the Industrial Bank of Korea by delaying the repayment of each of the above loans to the Industrial Bank of Korea, and on March 26, 2004, the Plaintiff subrogated to the Industrial Bank of Korea for the total amount of KRW 98,768,876, as a guarantee obligation under each of the respective guarantee agreements of this case (the amount of KRW 51,194,630 based on the above first guarantee agreement, KRW 47,574,246, based on the second guarantee agreement).
F. D on July 14, 2004, changed its trade name to “stock company G”.