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1. The part against the defendant in the judgment of the first instance is revoked.
2. The plaintiff's claim against the defendant is dismissed.
3...
Reasons
1. Facts of recognition;
A. 1) Conclusion of a guarantee agreement: (a) A operating a non-corporate entity with the trade name “F” shall obtain a loan of KRW 50,000,000 from the bank on September 17, 2014 with the agricultural food and food enterprise operating funds; (b) the Plaintiff and the guaranteed amount of KRW 42,50,000; and (c) the guarantee agreement dated September 17, 2015 with the term of guarantee (hereinafter “Agreement 1”).
A entered into a contract. A has the guarantee issued under the above guarantee agreement, and the G Bank Square 2 Square (hereinafter referred to as “G Bank”).
(2) On September 18, 2014, the Plaintiff and A loaned KRW 50,00,000 from the G bank. Since then, the term of guarantee under the first agreement between the Plaintiff and A was extended to September 13, 2018, and changed to that end. (2) B entered into a guarantee agreement with the Plaintiff to obtain a loan of KRW 100,000,000 from the bank as a general corporate capital on June 9, 2017, with a view to obtaining a loan of KRW 100,000,000 from the bank as a general corporate capital (hereinafter “second agreement”), and the representative director of B signed a guarantee agreement with the Plaintiff as of June 8, 2018 (hereinafter “second agreement”). On the same day, B signed a joint and several guarantee agreement with respect to all obligations, such as the indemnity obligation to be borne by B to the Plaintiff pursuant to the second agreement on the same day.
B submitted a guarantee issued pursuant to the above guarantee agreement to the H Bank Posting point of H Bank (hereinafter “H Bank”) and received a loan of KRW 100,000,000 from the said bank on June 9, 2017.
Since then, the guaranteed principal based on the second agreement between the Plaintiff and B was changed to KRW 95,00,000, and the term of guarantee was changed to June 7, 2019.
3. At the time of the conclusion of the first and second agreements between the Plaintiff and the Plaintiff, if the Plaintiff is not only liable for a loan to a lending bank, but also liable for the performance of its obligation as a guarantor, a seizure, provisional seizure, a provisional disposition, or a request for auction is made, and there occurs a cause for suspension of transaction from a clearing house, a cause for suspension of transaction occurs, such as when a creditor of credit guarantee under this agreement and a creditor of other credit guarantee are notified of a credit guarantee accident or requested for the performance of guaranteed obligation,