1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the modification of Article 2-b among the grounds of the judgment of the court of first instance as follows. Thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. (1) The termination or renunciation of the security stipulated in Article 11(1) of the terms and conditions of the credit guarantee of this case shall include not only the termination or renunciation of the security contract, but also all the acts of reducing or losing the security that a credit guarantor would have obtained if he/she had performed the guaranteed obligation.

However, even though the Intervenor or the Plaintiff confirmed the location of the instant machinery, etc. that was removed without permission, he did not file a lawsuit against the possessor, etc. of the instant machinery, etc. for recovery, and did not take any procedure to include the instant machinery, etc. in the object of voluntary auction of real estate by exercising the power of abstracting collective security, and did not endeavor to secure other security.

The above act is deemed to be included in the "all acts that reduce or lose the security that could have been acquired by a credit guarantee company if it performed a guaranteed obligation." Accordingly, pursuant to Article 11 (Violation of Security and Liability to Preserve Rights) of the Credit Guarantee Clause, the defendant shall be exempted from liability for KRW 173,684,744 equivalent to 90% of the value of the machinery, etc. of this case in accordance with Article 11 (Violation of Security and Liability to Preserve Rights) of the Credit Guarantee Clause.

(2) As seen earlier, if a creditor terminates or renounces a security under the terms and conditions of the instant credit guarantee, and if the creditor does not exercise the right to collateral loan by means of auction of a security, rehabilitation procedures, bankruptcy procedures, bankruptcy procedures, reporting of claims, and other necessary methods in individual rehabilitation procedures, the Defendant is exempted from liability.