1. The Defendant’s KRW 301,864,270 and KRW 297,90,665 among the Plaintiff’s KRW 10% per annum from July 25, 2017 to September 1, 2017.

1. Basic facts

A. On March 20, 2014, the Plaintiff entered into a credit guarantee agreement with Non-Party B Co., Ltd. (Co., Ltd. prior to the change on September 28, 2015; hereinafter “Non-Party C”) and issued and issued a guarantee certificate until March 19, 2019. The Defendant guaranteed the obligations of Non-Party Co., Ltd. under the said credit guarantee agreement.

B. The non-party company was granted a loan of KRW 650,000,000 from the Namsan Bank, the Namsan Bank, as security, to the Plaintiff’s guarantee amount.

C. On March 22, 2017, Nonparty Company delayed the repayment of principal and caused a credit guarantee accident. On July 25, 2017, the Plaintiff subrogated for KRW 297,990,665 to the Busan Bank.

Under the credit guarantee agreement, penalty for attempted penalty accrued after the plaintiff's subrogation is 1,702,910 won, 2,195,788 won, 25,093 won, and 25,093 won, and the rate of delay in the contract is 10% per annum.

[Ground of recognition] Unsatisfy, entry of evidence A1 to 5, purport of the whole pleadings

2. According to the facts of the determination as to the Plaintiff’s claim, the Defendant is obligated to pay to the Plaintiff a total of KRW 301,864,270, including the principal of subrogation and the cost of subrogation, and the amount of KRW 297,90,665, whichever is the agreed delay rate of KRW 10% per annum from July 25, 2017 to September 1, 2017, and delay damages at the rate of KRW 15% per annum from the next day to September 1, 2017.

3. Judgment on the defendant's assertion

A. The Defendant asserted that he was appointed as the representative director of the non-party company on the name of the non-party company upon the Defendant’s request and jointly guaranteed the non-party company’s obligations, but on September 26, 2014, the Defendant resigned from the office of representative director of the non-party company and requested D to terminate the guarantee agreement

After all, the guarantor of the Busan Bank was changed to E who was appointed as the representative director of the non-party company.

As such, the representative director of the non-party company has been replaced, and the location and trade name are also changed.