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1. The judgment of the court of first instance is modified as follows.
The defendant received KRW 229,985,314 from the plaintiff, and the following shall be paid.
Reasons
1. Basic facts
A. On April 27, 2012, the Defendant entered into a credit guarantee agreement with B Co., Ltd. (hereinafter “B”); the credit guarantee principal of KRW 712,00,000; the period from April 27, 2012 to April 26, 2013; the creditor entered into a credit guarantee agreement with the Korean Bank (hereinafter “Korea Bank”); and the creditor entered into a credit guarantee agreement with the Plaintiff and F (the Plaintiff’s wife and the representative director B); and G, as a joint and several liability for indemnity against the Defendant under the credit guarantee agreement.
According to the credit guarantee agreement of this case, if the defendant performs the above guaranteed obligation, B shall pay to the defendant the amount of subrogation by the defendant, its delay damages [based on the rate of delay damages determined by the defendant (based on the rate of 12% per annum until January 31, 2016, and 10% per annum thereafter)], expenses related to the performance of guaranteed obligation, legal procedural expenses, etc.
B. On June 7, 2013, the Defendant subrogated to the Bank for KRW 720,242,228 according to the credit guarantee agreement of this case.
Then, on September 5, 2013, the Plaintiff completed the registration of establishment of a mortgage on each real estate indicated in the separate sheet as the maximum debt amount of KRW 896,00,000, and the Plaintiff’s establishment of a mortgage on the part of the obligor, as a security for the Defendant’s liability for reimbursement arising from the Defendant’s subrogation on the part of the Defendant, as indicated in the separate
(hereinafter referred to as “the establishment registration of a neighboring mortgage of this case”).
On the other hand, F is a joint and several surety B on April 14, 2014 (F, in addition to the credit guarantee agreement of this case, there was an obligation independently and severally guaranteed for B), and F is 959,027,079 won [the total amount of the indemnity liability of this case 79,560,921 won [the amount of the indemnity liability of this case 720,242,228 Won 73,879,093 Won 1,439,60 won including penalty, etc. 163,46,158 won] among the joint and several surety obligations of this case 89,000 won from April 14, 2014 to the Defendant.