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1.The judgment of the first instance court, including amendments to claims, such as claims and additions in the trial, shall be modified as follows:
Reasons
1. The facts subsequent to the facts of recognition do not conflict between the parties, or can be acknowledged by taking into account the whole purport of the pleadings as a whole in the statements in Gap evidence Nos. 1, 2-4, 3, 4, 6, 7-1, 7-2, 8-1, 2, 10-1, 2, 2, 24, 36-1, 2, 36-2, 44, 1, 1, 2, and 3, 1, 2, and 3.
On June 21, 1999, the defendant, a management institution of the Korea Agriculture and Forestry Credit Guarantee Fund established under the Act on the Credit Guarantee for Farmers and Fishermen in order to guarantee the credibility of farmers and fishermen, etc. who lack security capability, concluded a contract for entrustment of the Korea Agriculture and Forestry Credit Guarantee Fund with the Korea Livestock Industry Cooperatives (hereinafter referred to as the "Korea Livestock Industry Cooperatives") and entrusted the Korea Agriculture and Forestry Credit Guarantee Fund with the receipt and management of applications for
B. B decided to apply for credit guarantee to the Defendant in order to obtain a loan of KRW 100 million from the two main livestock cooperatives. The Plaintiff and C (B's wife) agreed to provide joint and several liability for indemnity to the Defendant in the event that the Defendant fulfills the obligation for loans to the two main livestock cooperatives, and sign and seal on the credit guarantee agreement, which is the attached documents needed at the time of application for credit guarantee. Article 12 (2) of the above credit guarantee agreement states that even if the joint and several surety fulfills the obligation for the guaranteed source, the Defendant shall be deemed to have no right to indemnity, and Article 6 states that the principal debtor and the joint and several surety may exercise their right to indemnity before the performance of the guaranteed source obligation.
C. On December 7, 1998, B filed an application for credit guarantee of KRW 100 million with the Plaintiff and C as a joint and several surety, but the Defendant rejected the application documents for credit guarantee on the ground that B’s liabilities are excessive.
Irar B.