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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. Facts of recognition;
A. On October 30, 2013, the Plaintiff entered into a housing credit guarantee agreement and issued a written credit guarantee agreement on behalf of the Plaintiff within the limit of KRW 54,00,000 of the credit guarantee principal in a case where B is unable to repay a loan to be loaned.
At the time of the above credit guarantee agreement, if the plaintiff makes a payment by subrogation in accordance with the above credit guarantee agreement, B agreed to pay the determined amount of loss, additional guarantee fee, and attempted loss to the plaintiff.
B. On October 30, 2013, B obtained a loan of KRW 60,000,000 from a new bank corporation (hereinafter “new bank”) as security.
C. On the other hand, on October 23, 2013, B leased a lease deposit of KRW 100,000,000 and its ground-based housing owned by the Defendant from the Defendant, Gwangju-si, Gwangju-si, and by October 30, 2015, B obtained a loan from a new bank to prepare the lease deposit.
On October 30, 2013, a new bank entered into a pledge agreement with B on KRW 72,00,000 among the claims for the repayment of the said lease deposit, whereby the new bank entered into a pledge agreement with B, and on November 1, 2013, the Defendant accepted the creation of the said pledge agreement.
E. B, upon receiving a petition for bankruptcy, lost the benefit of the above loan, the new bank filed a claim against the Plaintiff for the performance of the guaranteed obligation, and on February 12, 2016, the Plaintiff subrogated to the new bank for the payment of the principal amounting to KRW 53,378,289 (the principal amounting to KRW 53,00,000, KRW 378,289).
F. On February 12, 2016, the new bank transferred the part of KRW 64,800,000 among the pledge on the claim to return the said lease deposit to the Plaintiff, and notified the Defendant of the said assignment on the same day.
G. As of October 31, 2016, B’s indemnity amounting to the Plaintiff is KRW 56,578,308 (=amounting to KRW 53,378,289 additional guarantee fee of KRW 123,090,000,076,929).
[Ground of recognition] Unsatisfy, Gap 1-6 evidence, and .