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1. Of the judgment of the court of first instance, the part against the defendant regarding a claim for monetary payment shall be revoked, and the relevant part shall be revoked.
Reasons
1. The following facts do not conflict between the parties, or may be acknowledged by taking account of the whole purport of the pleadings as a whole in the entries in Gap evidence 1, Gap evidence 2, Gap evidence 3-1, 2, Gap evidence 4, Gap evidence 5, Eul evidence 1 to 4, Eul evidence 6 to 13.
(1) On June 26, 2009, the Plaintiff entered into a credit guarantee agreement with A and credit guarantee principal of KRW 300,000,000 and the credit guarantee term until June 25, 2010. On June 30, 2009, A as collateral, extended a loan to the end of June 25, 2010 by setting the due date for payment of KRW 300,000,000 from the Defendant to the end of June 25, 2010 (after this, the due date for payment was extended to December 21, 2012, and the credit guarantee principal was changed to KRW 136,00,000.
(1) On December 11, 2009, the Plaintiff entered into a credit guarantee agreement with A and the credit guarantee principal of KRW 663,00,000,00, and the credit guarantee term from December 11, 2009 to December 10, 2010, and A shall be the Industrial Bank of Korea (hereinafter “the Bank”) as collateral.
(C) Around December 10, 2012, the credit guarantee principal was extended to the same date as the credit guarantee principal was extended to December 7, 2012, and the credit guarantee principal was changed to KRW 624,00,000.
(2) According to each credit guarantee agreement, upon the Plaintiff’s performance of the guaranteed obligation, A paid the Plaintiff the amount subrogated by the Plaintiff and the damages for delay, penalty, and expenses for compensating for the claim at the rate determined by the Plaintiff from June 1, 2005 to the date of full payment. From June 1, 2005, the rate of damages for delay determined by the Plaintiff as of March 21, 2012 is 15% per annum. (2) A lost profits due to overdue interest on loans to the Industrial Bank of Korea on March 21, 2012. On June 25, 2012, the Plaintiff paid the Defendant the principal and interest of KRW 139,569,405, respectively, on September 5, 2012.
After that, until September 5, 2012.