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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. (1) On June 24, 2009, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with G Co., Ltd. (hereinafter “Nonindicted Company”) on a credit guarantee agreement between June 24, 2009 and the Plaintiff, which provides the guaranteed amount of KRW 450,000,000 (the amount changed to KRW 405,000 thereafter) and the term of guarantee by June 23, 2010 (the period extended to June 16, 2017 thereafter) (hereinafter “the instant credit guarantee agreement”). The Nonparty Company received a loan of KRW 450,00,000 from the Industrial Bank of Korea on the same day as the said credit guarantee was secured.
(2) On June 29, 2012, the Plaintiff entered into a credit guarantee agreement between the non-party company and a credit guarantee agreement between July 1, 2013 (hereinafter “instant credit guarantee agreement”) whereby the guaranteed amount is KRW 371,875,00,000, and the term of guarantee was extended to July 1, 2013, and the non-party company borrowed KRW 437,50,000 from the Industrial Bank of Korea on the same day as the said credit guarantee was secured.
(3) On July 12, 2016, the Plaintiff entered into a credit guarantee agreement between the non-party company and its non-party company with the coverage amount of KRW 70,550,000, and the term of guarantee until May 12, 2017 (which was later extended to May 11, 2018) (hereinafter “instant third credit guarantee agreement”). The non-party company borrowed KRW 83,00,000 from the H bank on the same day as the said credit guarantee was secured.
(4) At the time of each credit guarantee agreement of this case, B as a director of the non-party company, jointly and severally guaranteed the liability for indemnity to the Plaintiff based on the above credit guarantee.
(5) At the time of the above credit guarantee agreement, the non-party company agreed to pay both the Plaintiff’s subrogated payment and the damages for delay, additional guarantee fees, and legal procedure expenses on behalf of the Plaintiff. On the other hand, the Plaintiff also made a notification of the credit guarantee accident or a claim for the performance of the guaranteed obligation from any creditor under the above credit guarantee agreement.