1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

Facts of recognition

On May 29, 2006, the Plaintiff entered into a credit guarantee agreement with the Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant of the first instance trial (hereinafter “A”) with the guarantee principal of KRW 160 million and up to May 29, 2007 from the same date of the guarantee period. On the same day, the Co-Defendant B of the first instance trial (hereinafter “B”) jointly and severally guaranteed the indemnity obligation to be borne by the Plaintiff pursuant to the said credit guarantee agreement.

Since then, the Plaintiff and the Plaintiff and the Plaintiff changed the guarantee period, etc. of the credit guarantee agreement into several times, and finally changed the guarantee principal to KRW 120 million and the guarantee period to May 23, 2016.

In the credit guarantee agreement, the Plaintiff and the Plaintiff agreed to pay both the amount paid by the Plaintiff on behalf of the Plaintiff, damages for delay in accordance with the rate determined by the Plaintiff from the date of payment thereof, and legal procedure expenses incurred by the Plaintiff in order to execute or compensate for the claim for indemnity. The ratio of damages for delay prescribed by the agreement is 10% per annum after February 1, 2016.

On May 29, 2006, when the Industrial Bank of Korea granted a loan of KRW 200 million at the Industrial Bank of Korea on May 29, 2007 and extended several times due, the Bank of Korea failed to pay interest on the loan from November 22, 2015 due to the aggravation of its financial standing, and lost the benefit of December 23, 2015. Accordingly, the Plaintiff subrogated the Bank of Korea of KRW 122,783,454 for the principal and interest of the loan on May 16, 2016.

On the other hand, the Plaintiff spent KRW 338,147 as the legal procedure cost to preserve the above claim for reimbursement.

On December 24, 2015, the Dispute Resolution Co., Ltd. entered into a contract with the Defendant to sell each of the real estate listed in the separate list owned by the Dispute Resolution Co., Ltd. (hereinafter referred to as “each of the instant real estate”) (hereinafter referred to as “instant contract”), and accordingly, on December 28, 2015.