1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Facts of recognition;

A. The Plaintiff’s joint Defendant A (hereinafter “A”) at the first instance trial around April 9, 2014, the Plaintiff is a co-defendant A (hereinafter “A”).

(1) The credit guarantee agreement between the credit guarantee principal and the credit guarantee principal (hereinafter referred to as the “instant credit guarantee agreement”)

2) On April 9, 2014, Han Bank Co., Ltd. (hereinafter referred to as “ Han Bank”) entered into an agreement and accordingly on April 9, 2014

(1) The term “loan” means a loan of KRW 20,00,000 from one bank on the same day when entering into a credit transaction agreement with one bank on April 17, 2014 with respect to a loan of funds for supporting micro enterprises and KRW 20,00,000 from one bank on the same day (hereinafter “instant loan”).

(2) According to the instant credit guarantee agreement, upon the Plaintiff’s performance of a credit guarantee obligation, A is obliged to repay the amount of the performance of the guaranteed obligation, the rate determined by the Plaintiff (12% per annum after June 1, 2015) from the date of performance of the obligation to the date of repayment thereof, damages calculated pursuant to the calculation method, and expenses incurred in the preservation, transfer, and exercise of the right acquired through the performance of the guaranteed obligation.

(3) Since July 20, 2015, A was unable to pay interest on the instant loan after July 20, 2015, and there was an occurrence of a guarantee for loss of benefit on October 20, 2015. Accordingly, on April 25, 2016, the Plaintiff subrogated to Hana Bank for KRW 20,474,939 of the instant loan amount. 4) On April 25, 2016, the Plaintiff recovered KRW 494,060 out of the amount of subrogated payment, and the amount of subrogated payment was KRW 19,980,879 (=20,474,939 - 494,060 - 494,060). The amount of finalized delay damages therefrom is 162 won (i.e., KRW 494,060 x 12,136 days x 36 days).

In addition, the amount not collected by the Plaintiff out of the amount paid by the Plaintiff as the legal procedural costs for the enforcement and preservation of the claim for indemnity based on the credit guarantee agreement in this case is KRW 212,100.

5 The Plaintiff filed the instant lawsuit against A and the Defendant.