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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. Credit guarantee agreement and debt repayment 1) The Plaintiff is the Co-Defendant A Co-Defendant Company A (hereinafter “A”) of the first instance trial on July 17, 2018.
(A) the credit guarantee agreement with the credit guarantee agreement (hereinafter referred to as the “instant credit guarantee agreement”).
After the conclusion of the contract, A issued a credit guarantee statement, the guarantee amount of which is KRW 792 million and the guarantee period of which is from July 17, 2018 to July 16, 2019, and the indication of the "joint defendant of the first instance trial" is omitted in the case of the joint defendant B of the first instance trial (hereinafter referred to as "joint defendant of the first instance trial").
(2) According to the aforementioned credit guarantee agreement, A and B jointly guaranteed the Plaintiff’s obligation to the Plaintiff under the said credit guarantee agreement. (2) When the Plaintiff performed its obligation on behalf of the Plaintiff, the instant credit guarantee agreement provides that “A and B shall pay to the Plaintiff the amount of the guaranteed obligation and the damages for delay calculated at the rate determined by the Plaintiff (8 per annum) up to the date of repayment thereof, and ② the expenses incurred in the exercise of the Plaintiff’s right to preserve
3) A provided a credit guarantee certificate issued by the Plaintiff and extended KRW 80 million from the Industrial Bank of Korea, but delayed repayment of principal and interest from December 7, 2018, and the Plaintiff repaid KRW 796,610,409 to the Industrial Bank of Korea on May 14, 2019. Since then, the Plaintiff recovered KRW 2,615,220 out of the claim for indemnity against A, and the final damages for delay incurred from the recovered amount are KRW 573 (=20,615,220 x 8% x 1/365 x less than KRW 1/365). Accordingly, the Plaintiff paid KRW 220,266 to A and B for the purpose of preserving the claim for indemnity against A.
B. B’s gift of real estate 1) The Defendant is a minor child B. B and the Defendant, on November 21, 2018, donated 420 square meters of H forest land in Seo-gu, Seo-gu, Seocheon-gu (hereinafter “instant real estate”) to the Defendant (hereinafter “instant real estate”).