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1. The part against Defendant C among the judgment of the first instance court is revoked, and the Plaintiff’s claim against Defendant C is dismissed.
2...
Reasons
1. Basic facts
A. The Plaintiff’s claim against B 1) On January 29, 2009, the Plaintiff Co-Defendant A Co-Defendant A (hereinafter “A”) at the first instance trial on January 29, 2009.
B) As between A and B, A obtained a loan from the Industrial Bank of Korea, ① the guaranteed amount of KRW 1.425 billion, and the term of guarantee until January 29, 2010 (as of June 29, 2012, the term of guarantee thereafter changed the guaranteed amount of KRW 1.35 billion, respectively.
(2) As of January 29, 2010, the guaranteed amount of KRW 950 million, the guaranteed amount of KRW 950 million, and the guaranteed period of January 29, 2010 was changed to KRW 900 million, respectively.
(3) As of January 29, 2010, the coverage amount was KRW 617.5 million, and the coverage period was changed by January 29, 2010 (as of June 29, 2012, the coverage amount was changed by KRW 585 million, respectively.
2) Each credit guarantee agreement (hereinafter referred to as “each credit guarantee agreement of this case”)
(2) On the same day, A concluded a credit guarantee agreement and issued a credit guarantee agreement to A pursuant to each of the instant credit guarantee agreements, and A received each of the above credit guarantee agreements from the Industrial Bank of Korea as collateral, respectively. (2) In the event that the Plaintiff performed the guaranteed obligation, A agreed to pay the Plaintiff the amount of the guaranteed obligation and the amount of damages for delay in accordance with the interest rate determined by the Plaintiff from the date of repayment of the guaranteed obligation to the date of repayment of the guaranteed obligation, expenses incurred in the performance of the guaranteed obligation, and expenses incurred in the exercise of the Plaintiff’s rights
On the other hand, the rate of damages for delay determined by the Plaintiff is 14% per annum from April 17, 2003 to three months after the repayment of the guaranteed obligation, and 16% per annum from the following day.
3) On April 6, 2012, A had a credit guarantee accident that has lost the benefit due to the delay of principal. On May 14, 2012, the Plaintiff subrogated the Bank of Korea for the total amount of KRW 2,854,310,052 pursuant to each credit guarantee agreement of this case by subrogationing A.