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1. The plaintiff and defendant E's appeal are dismissed, respectively.
2. Of the appeal costs, the part arising between the Plaintiff, Defendant B and C.
Reasons
1. Facts of recognition;
A. (1) The Plaintiff entered into a credit guarantee agreement between the Plaintiff and A and the Plaintiff’s performance of the guaranteed obligation, etc.) upon receiving a request for credit guarantee from A for a loan from the Industrial Bank of Korea, and on December 4, 2012, the Plaintiff entered into a credit guarantee agreement between A and A, with the credit guarantee principal of KRW 136 million, and the credit guarantee period from December 4, 2012 to December 1, 2017 (hereinafter “instant credit guarantee agreement”).
(2) In the instant credit guarantee agreement, A entered into a credit guarantee agreement and issued a written credit guarantee, and A was granted a loan from the Industrial Bank of Korea as security. (2) In the event that the Plaintiff fulfilled a guaranteed obligation pursuant to the instant credit guarantee agreement, A shall pay the amount of the guaranteed obligation to the Plaintiff and damages for delay in accordance with the rate determined by
However, on May 1, 2013, a credit guarantee accident caused late 2013, which occurred, the Plaintiff subrogated to the Industrial Bank of Korea totaling KRW 128,429,461 on June 26, 2013.
3) The Plaintiff filed the instant lawsuit against the Plaintiff seeking reimbursement for the amount of subrogated payment. The court of first instance rendered a favorable judgment against the Plaintiff that “A shall pay to the Plaintiff the amount of KRW 128,782,212 and KRW 126,601,932 per annum 12% from June 26, 2013 to February 13, 2014; and KRW 20% per annum from the next day to the date of complete payment.” The part against A in the judgment of the first instance was finalized as it did not appeal against the judgment of the first instance. (b) On the other hand, A did not dispose of the property of the Plaintiff. On the other hand, around March 20, 2013, as to each of the first real estate of this case, KRW 1/2 shares; and around March 20, 2013, KRW 60,000 and KRW 10.”
(2) The registration of ownership transfer was completed on March 21, 2013 by the Kanyang District Court No. 32520 on March 21, 2013 to Defendant B and C, and the Kanyang District Court.