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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. On October 28, 2010, the Plaintiff issued a credit guarantee agreement of KRW 250 million to the Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A Co., Ltd. (hereinafter “A”) by October 27, 201, with the term of guarantee extended KRW 300 million from the Industrial Bank of Korea (the term of guarantee was changed to October 26, 2012, and subsequently changed to October 25, 2013), the guarantee amount was partially guaranteed by issuing a credit guarantee agreement of KRW 250 million (the guarantee agreement between the Plaintiff and A, which is the premise for issuing the above credit guarantee certificate), and on October 12, 2012, A Co-Defendant A Co., Ltd. (hereinafter “Korea Bank”) granted the guarantee amount of KRW 240 million to 200,000,000 to KRW 400,00,000.
(2) At the time of each of the above credit guarantee agreements, the Defendant jointly and severally guaranteed the liability for indemnity that A bears to the Plaintiff pursuant to the above credit guarantee agreements, as the representative director of A, at the time of the above credit guarantee agreements.
B. On November 25, 2013, the Korean bank notified the Plaintiff of the occurrence of a guarantee accident, in which the benefit of the time limit for each of the credit guarantee agreements was lost, on November 22, 2013.
C. Based on a credit guarantee agreement, on December 11, 2013, the Plaintiff repaid KRW 257,550,195 to the Industrial Bank of Korea, and recovered KRW 1,64,860 on December 12, 2013 from A. Based on a credit guarantee agreement, the Plaintiff repaid KRW 205,546,486 to the Bank on December 12, 2013.
During the collection of the claim for indemnity based on the credit guarantee agreement, the Plaintiff incurred a loss of KRW 1,081, and paid KRW 54,700 on December 18, 2013 in order to preserve each of the above claim for indemnity, but recovered KRW 14,899.
E. Meanwhile, according to each credit guarantee agreement above, when the plaintiff performed the guaranteed obligation, the principal debtor and the joint guarantor shall be the plaintiff.