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1. The part against the defendant in the judgment of the first instance shall be revoked.
The defendant and C are listed in the separate sheet.
Reasons
1. Facts of recognition;
A. The Plaintiff entered into a credit guarantee agreement and loans 1) On December 11, 2009, the Co-Defendant A Co-Defendant A Co-Defendant Corporation of the first instance trial (hereinafter “A”) (hereinafter “A”).
(2) On December 11, 2009, the Co-Defendant C of the first instance trial (hereinafter “C”) jointly and severally guaranteed the Plaintiff at the time of the said credit guarantee agreement with Co-Defendant B and D, together with the Co-Defendant Co-Defendant C of the first instance trial (hereinafter “C”) at the time of the said credit guarantee agreement. A Co-Defendant C of the first instance trial (hereinafter “C”) signed a credit guarantee agreement with the Defendant at the time of the said credit guarantee agreement.
B. On December 7, 2013, the Plaintiff paid KRW 77,086,59 ( principal 75,807,836 + interest 1,278,763 + interest 1,278,763) to the Nonghyup Bank on March 28, 2014, when a credit guarantee accident occurred due to delay in installment repayment by the Plaintiff on December 7, 2013. (2) According to the credit guarantee agreement between the Plaintiff and the Defendant Company A, the rate of delay damages is 12%, and the additional guarantee fees to be borne by the Defendant Company A as of April 1, 2015 are 461,250, and legal procedure expenses are 17,150,340, and damages are 9,37109.
C. C’s disposal of property 1) On September 17, 2013, as indicated in the separate sheet with the Defendant (hereinafter “each of the instant real estate”).
2) As to the sales amount of KRW 330,000,000 (hereinafter “instant sales contract”)
(2) On the same day, the Daegu District Court Branch rendered the Defendant a registration of transfer of ownership based on the said trading under the Act No. 82204, Sept. 17, 2013, and completed the registration of transfer of ownership based on the said trading. 2) In order to secure a loan obligation of KRW 500,000,000 against C’s National Agricultural Cooperative Federation, the amount of the maximum debt amount was set up, in order to secure a loan obligation of KRW 500,000,000 against C’s National Agricultural Cooperative Federation.
3. Upon entering into the instant sales contract, C and the Defendant: 300,000 of the above sales amount.