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1. Revocation of a judgment of the first instance;
The defendant, including the claim portion expanded by the plaintiff in the trial, is 60.
Reasons
1. The following facts can be acknowledged in light of the overall purport of the arguments in Gap evidence Nos. 1, 3, 4, 6, and 7-1, 2, 8-1, 2, 10-2, 1, 10-1, 2, 26, 33, 1, 36-1, 2, 44, 1, and 1, and the whole purport of the arguments in Gap evidence Nos. 36-1, 36-2, 44, and 1.
The defendant is the management institution of the Korea Agriculture and Forestry Credit Guarantee Fund established under the Act on the Credit Guarantee for Farmers and Fishermen in order to guarantee the credibility of farmers and fishermen, etc. who lack security capability. On June 21, 1999, the defendant concluded a contract for entrustment of the Korea Agriculture and Forestry Credit Guarantee Fund with the Korea Livestock Industry Cooperatives (hereinafter referred to as the "Korea Livestock Industry Cooperatives") and entrusted the Korea Agriculture and Forestry Cooperatives with the receipt and management of the application,
B. B around December 7, 1998, around 1998, requested the Defendant to issue a credit guarantee certificate to obtain a loan of KRW 100 million from the Yangju Livestock Cooperatives, and in relation to this, the Plaintiff and the Plaintiff’s wife C signed and sealed the credit guarantee agreement as a joint guarantor.
However, the defendant rejected the above credit guarantee documents on the ground that B's liabilities are excessive.
B corrected the loan amount of KRW 50 million to the Defendant and again requested the Defendant to issue a credit guarantee certificate. On December 11, 1998, the Defendant issued a credit guarantee certificate (the guarantee number D; hereinafter referred to as the “instant guarantee certificate”) with respect to the two-owner livestock cooperatives as set forth in B, the guaranteed amount of KRW 50,000,000, and one year from the date of the guarantee period loan.
C. On December 15, 1998, the Yangju Livestock Cooperatives: (a) secured the instant guarantee; (b) 15% per annum to B at an interest rate of KRW 50 million; (c) 20% per annum; and (d) on December 15, 1999, the expiration date of the loan (hereinafter “instant loan”); (c) the Plaintiff and the Plaintiff’s wife provided joint and several sureties for the said loan.
After that, B did not pay the loan of this case properly and did not pay it to Nonparty E on March 10, 200.