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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Determination on the cause of the claim
A. The following facts may be found either in dispute between the parties or in accordance with Gap evidence Nos. 1, 3 through 9, 13, and Eul evidence Nos. 1 and 2, with a comprehensive view to the purport of the entire pleadings:
1) On July 9, 2012, the Defendant issued to the Plaintiff a credit guarantee certificate with a guarantee of KRW 20,000,000 as to the Plaintiff’s loan amount of KRW 20,000,000,000, the guarantee rate of KRW 100% on July 5, 2013. (2) On July 9, 2012, the Plaintiff entered into an agreement on a loan agreement with the Plaintiff with a credit guarantee certificate issued by the Defendant to KRW 20,00,000 as security; (3) a change rate of KRW 20,000,000 on July 5, 2013; (4) a change rate of KRW 30,000 on July 5, 2013; (30,000 on delay rate of KRW 90,000 on the same day; and (30,000 on the same day, deposited in the account of A.
(4) Article 14(3)3 of the Credit Guarantee Terms and Conditions provides that when an obligor applies for commencement of rehabilitation procedures, the Plaintiff may file a claim for the performance of the guaranteed obligation by proving the fact as objective data.
5 Since the Chuncheon District Court 2013 26812, A filed an application for individual rehabilitation procedures, and the decision prohibiting the act of demanding repayment, etc. of claims against A upon the said application was served on the Plaintiff on December 9, 2013.
B. According to the above facts, the Defendant is obligated to pay the remainder of KRW 5,047,424 and damages for delay, excluding the principal of KRW 14,952,576, which the Plaintiff was paid to the Plaintiff, except in extenuating circumstances.
2. Judgment on the defense
A. According to Article 22 (1) 3 of the Rules on Credit Guarantee in the summary of the defendant's defense, when the whole or part of the guaranteed loan is appropriated for the repayment of the creditor's existing bonds without the defendant's consent.