beta
Text
1. The part against the defendant in the judgment of the first instance shall be revoked;
2. On July 13, 2015, between the Defendant and A (joint Defendant in the first instance trial).
Reasons
1. Basic facts
A. The Plaintiff’s credit guarantee and its loans, etc. (1) On April 23, 2012, the Plaintiff merely provides a national bank (hereinafter “national bank”) with A (Operation of Q charging Station) on April 23, 2012.
(2) On June 19, 2013, the Plaintiff entered into a credit guarantee agreement with a new bank (hereinafter “new bank”) as the guaranteed amount of KRW 297,00,000 (which shall be reduced to KRW 280,50,000) and on April 22, 2013 (which shall be extended to April 22, 2015). On April 24, 2012, A obtained a loan of KRW 330,000 from a national bank under the credit guarantee agreement as above. (2) On June 19, 2013, the Plaintiff obtained a loan from a new bank (hereinafter “new bank”), a spouse of A (hereinafter “R gas station operation”), with a credit guarantee agreement of KRW 100,00,000,000, and the guarantee period of KRW 1000,000,000, and June 18, 2014 (which shall be extended to June 16, 2016).
3) On May 29, 2015, the Plaintiff: (a) entered into a credit guarantee agreement with a new bank; (b) on May 27, 2016, the amount guaranteed 180,000,000 won; and (c) B obtained a loan of KRW 200,000,000 from a new bank on May 29, 2015 under the said credit guarantee agreement; and (c) A jointly and severally guaranteed all obligations owed to the Plaintiff by the Plaintiff pursuant to each credit guarantee agreement set forth in paragraphs (2) and (3).
5) According to each credit guarantee agreement set forth in paragraphs (1) through (3) above, where the Plaintiff performed the guaranteed obligation on the grounds of the Plaintiff’s default on the respective loans A and B, A and B shall be the date following the date on which the Plaintiff performed the obligation on the grounds of (i) the amount of money paid by the Plaintiff to discharge the guaranteed obligation, and damages for delay at the rate determined by the Plaintiff from the date of performance to January 31, 2016 (12.12% per annum from January 1, 2012 to January 31, 2016), 10% per annum from February 1, 2016, and (ii) the repayment date of the obligation to discharge the obligation to discharge the unpaid obligation.