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1. The part against Defendant G in the judgment of the first instance shall be revoked;
2. Attached Form C between the co-defendant C and the defendant G in the first instance trial.
Reasons
1. Facts of recognition;
A. The status of the party (1) The Plaintiff is a company established to facilitate the financing of the company by guaranteeing the company’s obligations with weak collateral but with good credit standing.
(2) Codefendant A Co-Defendant corporation of the first instance trial (hereinafter “Co-Defendant corporation”) is a company mainly engaged in food, miscellaneous, wholesale and retail business of agricultural, fishery, and livestock products.
(3) The co-defendant B of the first instance trial (hereinafter “B”) is the representative director of the non-party company and the co-defendant C of the first instance trial (hereinafter “C”) are directors of the non-party company.
B. The Plaintiff entered into a credit guarantee agreement with a non-party company on September 16, 2008 and entered into a credit guarantee agreement with a fixed period of KRW 170,00,000 as well as the term of guarantee on September 15, 2009 (the extended term of guarantee was changed to September 13, 2013). On August 25, 2010, the deposit amount of KRW 48,000,000 as well as the term of guarantee was changed to August 24, 2011 (the extended term of guarantee was extended and changed to August 23, 2013). B, the non-party company jointly and severally guaranteed the indemnity obligation owed by the non-party company to the Plaintiff.
(2) The non-party company submitted each of the above credit guarantees issued by the Plaintiff and received loans from the Nonghyup Bank in KRW 200,000,000 and KRW 60,000 from the Han Bank.
C. The occurrence of a credit guarantee accident and the occurrence of indemnity claim (1) occurred on October 31, 2013, and lost the benefit of the term of the loan agreement. On the same day, the Plaintiff paid 137,542,910 won (interest of KRW 136,00,542,910) to the Nonghyup Bank in subrogation of the non-party company, and 48,188,404 won (interest of KRW 48,00,000) to the Han Bank in subrogation of the non-party company.
(2) According to each credit guarantee agreement, the scope of claims for indemnity includes not only the amount of subrogation and damages for delay based on the rate determined by the Plaintiff, but also the legal procedure costs and penalty due to subrogation. The Plaintiff is due to such subrogation.