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1.The judgment of the first instance shall be modified as follows:
The defendant shall pay to the plaintiff KRW 54,873,524 and KRW 30,885,236 among them.
Reasons
Facts of recognition
The Plaintiff entered into a guarantee insurance limit trading agreement with the Plaintiff Company B (hereinafter “B”), with the following contents (hereinafter “instant limit trading agreement”), and the Defendant, as the representative director B, jointly and severally guaranteed all obligations under the said limit trading agreement with the Plaintiff.
(2) The Plaintiff and the Defendant concluded two guarantee insurance contracts (hereinafter “instant joint and several guarantee agreement”) between the Plaintiff and the Defendant on April 27, 2008 and April 26, 2019, based on the instant limit transaction agreement, based on the following two guarantee insurance contracts (hereinafter “one contract” and “two contracts”) between the Plaintiff and B, and if all of the said contracts are complied with, it shall be referred to as “1, two contracts” as follows:
B submitted not only a guarantee under one contract but also a guarantee under the guarantee limit of KRW 500,000,000 issued by the Busan Bank Co., Ltd. (hereinafter “Resan Bank”).
(hereinafter the guarantee contract entered into between B and Busan Bank (hereinafter "the separate guarantee contract"). One contract securities number C is 40,000,000,000 insurance amount from May 6, 2008 to May 5, 2009 to 300,000,000 insurance amount from May 5, 2009 to 400,000,000 insurance amount, and 2 contract securities number D policyholder B, who is not more than 3,000,000,000 insurance amount.
(2) Insurance period from October 27, 2008 to March 30, 2009 to guarantee the payment of gas user fees, etc. due to the supply of urban gas as guaranteed by the content of urban gas in KRW 39,604,843, March 30, 2009, the Plaintiff filed a petition for rehabilitation with B on March 14, 2009 (the Plaintiff was insured by Busan District Court 2009, 2009, 123,792,664, and KRW 15,474, May 22, 2009, the insurance amount of KRW 15,474.