The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the first instance.

1. Facts of recognition;

A. The Defendant is a corporation established with the aim of facilitating its financing and contributing to the revitalization of the regional economy through efficient management and operation of credit information by guaranteeing obligations of small enterprises, etc. with weak growth potential and good credit standing.

B. On June 14, 2017, the Defendant rendered a decision to support C, who operates “B”, to obtain a loan of KRW 40 million from a financial institution for one year and three-year installment payments from a financial institution as a person eligible for support of small and medium enterprise fostering funds. According to the said decision, the Plaintiff offered a loan of KRW 40 million (hereinafter “instant loan”) to C on the same day under the following conditions:

The starting date of credit: The maturity date of credit period: Interest rate on June 14, 2021: Method of repayment of fixed interest rate (1.63% of the base interest rate): The period shall be one year from the starting date of credit, and the time and method of payment of interest on installment payments for every three months from June 14, 2018: The payment shall be made on the date set for each one month retroactively from the date of repayment.

C. On June 14, 2017, the Defendant rendered an electronic guarantee for KRW 36 million, which is 90% of the above loans, in accordance with the credit guarantee terms and conditions concluded with the Plaintiff and the Convention on the Management of Cyber Guarantee.

Article 14(3)3 of the Defendant’s credit guarantee terms and conditions provides that “A creditor may, upon an application for commencement of rehabilitation procedures, prove the fact as objective data and claim the performance of the guaranteed obligation.”

E. C delayed the payment of interest and installment payments, and filed an individual rehabilitation application with Suwon District Court 2018Da6775 on November 7, 2018. On November 28, 2018, the Plaintiff notified the Defendant that a credit guarantee accident occurred, and filed a claim for the performance of the guaranteed obligation.

F. On February 28, 2019, the Defendant performed the guaranteed obligation for KRW 9 million among the above KRW 36 million guaranteed by the Defendant to the Plaintiff on February 28, 2019.