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1. The judgment of the first instance, including a claim added and modified in the trial, shall be modified as follows:
Reasons
1. Basic facts
A. A. The Plaintiff is a credit guarantee agreement 1) A Co., Ltd. (hereinafter “C”) on September 6, 2004; January 13, 2005; June 30, 2006; and March 28, 2007.
B) As between the Plaintiff and the Daegu Bank, the Plaintiff guaranteed the Plaintiff’s loan obligations. However, upon the Plaintiff’s performance of the guaranteed obligation, C shall pay to the Plaintiff all incidental obligations, such as subrogated repayment, damages, etc. after the date of performance of the obligation (hereinafter “each credit guarantee agreement of this case”).
2) At the time of each credit guarantee agreement of this case, C jointly and severally guaranteed all obligations owed to the Plaintiff by each credit guarantee agreement of this case.
3) C was granted loans of KRW 178,290,000 from the Daegu Bank on October 29, 2004 to KRW 766,6640,00,000,000 from that time to July 13, 2006. (b) Plaintiff’s indemnity claim 1) C lost the benefit of time on January 2008. The Plaintiff, in subrogation of C on May 23, 2008, repaid the Daegu Bank totaling KRW 973,98,555,00 within the limit of each credit guarantee agreement of this case among the above principal and interest of loans.
2) On February 6, 2009, the Plaintiff filed a lawsuit for reimbursement claim against C, D, and B, Busan District Court Decision 2008Da112465, which sought payment of the said subrogated amount, and the above court rendered a judgment in favor of the Plaintiff to the effect that “C, D, and B shall jointly pay damages, etc. for delay of KRW 975,902,685, and KRW 973,673,135, among them, to the Plaintiff.” The above judgment became final and conclusive on March 4, 2009. (C) The Plaintiff’s prior reimbursement claim against B based on each credit guarantee agreement of this case as the preserved right, and as the preserved right, the Daegu District Court Decision 2008Kadan259, Feb. 15, 2008, as to the ownership transfer registration order of real estate E (hereinafter “instant real estate”).