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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. On September 22, 2011, C Co., Ltd. (joint representative director B) was issued a credit guarantee certificate of KRW 1,190,000,000 of the guaranteed principal (which shall be changed to KRW 1,000,000) from the Plaintiff, and submitted it to Han Bank on the same day, and received a loan of KRW 1,40,000,000 from the said bank. On April 18, 2014, the credit guarantee certificate of KRW 481,950,000 of the guaranteed principal (which shall be changed to KRW 430,920,000) was issued, and submitted it to the New Bank on the same day, and received a loan of KRW 567,00,000 from the said bank.
At the time of the above loan, B, who is the husband of the defendant, jointly and severally guaranteed the obligation of indemnity to be repaid by the above company under the credit guarantee agreement with the plaintiff.
As the Plaintiff was unable to repay the principal and interest of the said company on May 7, 2015, the Plaintiff paid 43,481,184 won to a new bank, a new bank, a stock company, on June 23, 2015, and 1,009,419,151 won of the principal and interest of the loan to Hana Bank, a stock company, on June 24, 2015, respectively, by subrogation, and thereafter, recovered 19,628,580 won out of the subrogated principal and interest of the remainder amount is 1,423,271,755 won.
On the other hand, on May 5, 2015, B entered into a sales contract with the broker of H, a licensed real estate agent, to sell the D Apartment 201 Dong 409 (hereinafter “409”) located in J and K for KRW 490,000 in the purchase price (hereinafter “instant sales contract”). On May 8, 2015, E completed the registration of ownership transfer with respect to the said 409 as the broker of H. In addition, on May 5, 2015, the Defendant entered into the lease contract with F, Dongjak-gu Seoul Metropolitan Government J and K for 205 Dong 205 (hereinafter “205”) with the lease deposit of KRW 120,000 (hereinafter “lease deposit”) and the lease deposit of KRW 120,000 (hereinafter “Defendant 20,00,000) at the time when the lease contract was delegated by the F, and Defendant 20,000).