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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. The conclusion of a credit guarantee contract between the Plaintiff and the primary debtor B, and the Defendant’s joint and several sureties 1) Plaintiff (hereinafter “Plaintiff Fund”).
(2) The credit guarantee agreement between B and the credit guarantee principal of the credit guarantee principal of 425,00,000,000, and the credit guarantee period from November 8, 1999 to November 8, 200. The above B guaranteed the performance of the principal and interest of 50,000,000,000,000, which were borrowed from J Bank on November 8, 1999 from J Bank as of November 8, 199 (see evidence 1) within the scope of the above guarantee principal (see evidence 1). According to the credit guarantee agreement included in the credit guarantee agreement of November 8, 1999 as of November 8, 199, when the Plaintiff Fund performs the credit guarantee obligation to J Bank, the above B and its joint guarantor are as follows: ① The payment from the payment date made by the Plaintiff Fund to the payment date made by the Plaintiff Fund for the performance of the guaranteed obligation by the Plaintiff Fund and its payment damages made by the Plaintiff Fund for the performance of the guaranteed obligation.
3) At the time of a credit guarantee contract concluded on November 8, 199, the Defendant and C jointly and severally guaranteed all obligations owed by the said B to the Plaintiff Fund in relation to the said credit guarantee contract. B. The Plaintiff Fund’s principal debtor B’s subrogation of the Plaintiff Fund’s principal debtor B and the preservation of indemnity claim 1) lost the benefit of time due to the suspension of current account transaction on September 15, 200, as the suspension of current account transaction on November 8, 1999.
Plaintiff
The Fund, as a credit guarantee agent of the above B on December 30, 200, performed its credit guarantee obligations by subrogation of 432,170,972 won (i.e., the guaranteed principal amount of KRW 425,00,170,972) out of the principal and interest of the credit guarantee contract related to the credit guarantee contract of the J Bank on November 8, 1999.
2. The Plaintiff Fund disbursed the legal procedural costs of KRW 748,589 in relation to the credit guarantee agreement dated November 8, 1999 for the enforcement and preservation of the claim for reimbursement against the above B. The Plaintiff Fund is determined by the Fund.