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1. The part against Defendant A in the judgment of the first instance shall be revoked;
2. The plaintiff's action against the defendant A shall be dismissed.
3...
Reasons
1. Basic facts
A. On July 31, 2001, the Plaintiff and Defendant A entered into a credit guarantee agreement with the management institution of the Fund for Farmers and Fishermen under the Act on the Credit Guarantee for Farmers and Fishermen (hereinafter “the instant credit guarantee agreement”). The instant credit guarantee agreement includes: (a) the Plaintiff’s performance of guaranteed obligations; (b) the amount of damages according to the rate determined by the management institution for the performance amount; and (c) all the expenses incurred in preserving and exercising the rights acquired from the performance of guaranteed obligations; and (d) the network E has jointly and severally guaranteed the Defendant’s obligation to be borne by the Plaintiff under the said credit guarantee agreement.
B. On July 31, 2001, Defendant A loaned KRW 31,200,000 from an agricultural cooperative taking advantage of the Plaintiff’s credit guarantee as security (hereinafter “Ganggu Agricultural cooperative”), but did not repay the principal and interest thereof. The Plaintiff subrogated KRW 37,485,229 on March 24, 2005 pursuant to the instant credit guarantee agreement.
C. As of August 27, 2017, the sum of principal and damages of subrogation and the sum of three-dimensional expenses, which the Plaintiff held against Defendant A pursuant to the instant credit guarantee agreement, is KRW 102,128,574 (i.e., the remainder of payment by subrogation and KRW 64,500,776 won (37,40,776 won), and the three-dimensional cost of KRW 219,146 for the amount of loss incurred by subrogation for the period after August 27, 2017 under the agreement between the Plaintiff and Defendant A is 12% per annum.
On October 14, 2013, the network E died on October 14, 2013, and there are Defendants A, C, and D, their successors, who are their spouses.
E. Meanwhile, the Plaintiff filed a claim for reimbursement against Defendant A as the Daegu District Court Branch Branch of 2014Kadan301923, and filed a lawsuit claiming reimbursement against the said subrogated amount, etc. from the above court on June 17, 2014.