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1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's claim against the defendant is dismissed.
3...
Reasons
1. Basic facts
A. 1) The Plaintiff Co-Defendant A Co-Defendant A (hereinafter “A”) in the first instance trial.
between A and Daegu Bank, Inc. (hereinafter referred to as the “Tgu Bank”)
(B) Each credit guarantee agreement (hereinafter each credit guarantee agreement) and each credit guarantee agreement (hereinafter each of the credit guarantee agreements shall be separately complied with on three occasions as indicated in the following table with respect to each of the loans that the Industrial Bank is scheduled to obtain loans from the Industrial Bank of Korea; and if all of the agreements are complied with, each of the credit guarantee agreements of this case shall be referred to as "each of the credit guarantee agreements of this case".
(C) the co-defendant C, B (hereinafter referred to as “C”), and B of the first instance trial.
(1) On October 23, 2010, Daegu Bank 660,000,000 Won 660,000,000 on October 23, 201, the credit guarantee agreement of this case against the Plaintiff was jointly and severally guaranteed for the obligations under each credit guarantee agreement of this case. B was the representative director of this case. On February 24, 2009, the term of guarantee of the original guarantee amount of the loan bank on February 24, 2009, Daegu Bank 200,000,000 on October 6, 2010, the terms of each credit guarantee agreement of this case related to this case are as follows:
【Contents of Credit Guarantee Agreement】
A. A fails to repay each loan granted by the Daegu Bank and the Industrial Bank of Korea under the credit guarantee certificate of each of the credit guarantee certificates of this case, and upon the Plaintiff’s subrogated repayment of each of the loans due to the performance of the credit guarantee obligations under each of the credit guarantee certificates of this case, A shall pay the following money to the Plaintiff:
1) Of the amount repaid by the Plaintiff on behalf of the Plaintiff and the amount repaid by subrogation from the date of payment on behalf of the Plaintiff to the date of full payment, 2) the rate of guarantee fee per annum from the date following the expiration date of guarantee to the date of payment on behalf of the Plaintiff.