1. The part against the defendant in the judgment of the first instance shall be revoked;

2. Between the Defendant and the Co-Defendant A Co-Defendant A corporation of the first instance trial.

Basic Facts

On March 22, 2010, the Plaintiff entered into a credit guarantee agreement between the Plaintiff and A (hereinafter referred to as “the instant credit guarantee agreement”) with Han Bank Co., Ltd. (hereinafter referred to as “I Bank”), in order to secure the payment of principal and interest of the loan, the Plaintiff entered into a credit guarantee agreement with the Plaintiff on March 22, 201 (hereinafter referred to as “the instant credit guarantee agreement”).

According to the instant credit guarantee agreement, when the Plaintiff performs the guaranteed obligation, the Plaintiff agreed to pay the amount of performance of the guaranteed obligation, damages for delay in accordance with the interest rate determined by the Plaintiff from the date of performance of the guaranteed obligation to the date of repayment of the guaranteed obligation, expenses incurred in the preservation, transfer and exercise of the rights acquired from the performance of the guaranteed obligation, and additional guarantee fees, etc. The rate of damages for delay determined by the Plaintiff is 14% per annum

A was granted a loan of KRW 235 million from the Han Bank on March 26, 2010 on the basis of the credit guarantee certificate issued by the Plaintiff.

After the occurrence of a credit guarantee accident and the occurrence of the Plaintiff’s claim for reimbursement, the credit guarantee period was extended until March 22, 2012. On March 21, 2012, A, the maturity date of the said loan, caused a credit guarantee accident by failing to pay the leased principal to Han Bank. On April 20, 2012, Han Bank notified the Plaintiff of the occurrence of the said credit guarantee accident and requested the Plaintiff to discharge the guaranteed obligation on June 19, 2012.

On June 28, 2012, the Plaintiff subrogated to Han Bank KRW 203,932,217, paid KRW 1,066,990 as additional guarantee fee, and paid KRW 2,480,370 as additional guarantee fee, and paid KRW 207,479,577 against A (= KRW 203,932,217, KRW 1,066,90, KRW 2480, KRW 280,370), whichever was subrogated, and among them, acquired claims for delay of agreed damages equivalent to KRW 203,932,217 annually from June 28, 2012 until September 27, 2012 to KRW 14% per annum.

A and the defendant.