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1. Revocation of a judgment of the first instance;
2. As to the real estate stated in the separate sheet between the Defendant and B, July 22, 2016.
Reasons
1. Facts of recognition;
A. The Plaintiff’s claim 1) The guarantee period of January 27, 2015 between B and B was changed on January 26, 2016 (this later, January 26, 2017).
(i) the conclusion of a credit guarantee agreement with a maximum amount of 32 million won (hereinafter referred to as “first guarantee agreement”).
(3) In the event that a credit guarantee agreement is concluded on October 7, 2016 with a guarantee period of October 8, 2015 (hereinafter “second guarantee agreement”), the guarantee amount of which is KRW 40 million (hereinafter “second guarantee agreement”).
(2) B) A was granted from the Industrial Bank of Korea a loan of KRW 40 million as security and KRW 50 million as security for a guarantee under the Second Guarantee Contract.
3) Around November 21, 2016, B caused a credit guarantee accident that would lose the benefit due to the delinquency in the payment of each of the above loans. Accordingly, on December 7, 2016, the Plaintiff subrogated the Industrial Bank of Korea for KRW 70,627,288 in total. The Plaintiff spent KRW 515,885 as the cost of preserving the claim for indemnity, and the Plaintiff incurred KRW 10,410 as of December 6, 2016. The agreed damages rate determined by the Plaintiff is 10% per annum. (b) The Defendant entered into a goods supply contract with D (hereinafter “D”) on August 1, 2012, and supplied the goods at adult container. B, the representative director of D, jointly and severally guaranteed the obligation to pay the above goods to the Defendant.
In addition, from September 2015, the defendant has supplied goods to the individual enterprises B from September 2015.
2) As of December 30, 2013, B refers to a joint and several surety obligation of KRW 103,255,400 against the Defendant as of December 30, 2013 (B refers to a surety obligation of KRW 103,255,400 against the Defendant as of December 30, 2013;
hereinafter the same shall apply.
A. As of March 11, 2016, there was an obligation to pay for the goods of KRW 100,107,032.
B W W W W written statement of payment stating that “I will provide a security when the debt of KRW 100,107,032 above is repaid until April 30, 2016 and the due date is not paid” on March 11, 2016.