1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Basic Facts

On June 30, 2006, the Plaintiff, including the conclusion of a credit guarantee agreement, entered into a credit guarantee agreement with a co-defendant A Co-Defendant A Co-Defendant A Co-Defendant A (hereinafter “A”) of the first instance trial, by June 29, 2007, the coverage amount of KRW 400,000,000, and the guarantee term of KRW 29,000,000, and the guarantee term of which is extended to the Bank of Korea (the above agreement was finally changed to June 20, 2014; hereinafter collectively referred to as “the credit guarantee agreement in this case”), and C and its wife D jointly and severally guaranteed the indemnity obligation owed to the Plaintiff in accordance with the above agreement.

A received 50 million won from the Industrial Bank of Korea on July 6, 2006 after obtaining a credit guarantee certificate from the Plaintiff in accordance with the instant credit guarantee agreement.

Article 11 of the Credit Guarantee Agreement of this case provides that the principal obligor and the joint guarantor may, where the plaintiff performs the guaranteed obligation, claim in advance the amount of the guaranteed obligation and the damages for delay calculated at the rate determined by the plaintiff, as well as the expenses incurred by the plaintiff in the performance of the guaranteed obligation, ③ reimburse the expenses incurred by the plaintiff in the preservation, transfer and exercise of the right acquired by the plaintiff as a result of the performance of the guaranteed obligation, and Article 6(1) provides that the principal obligor may claim in advance the guaranteed obligation even if the principal obligor and the joint guarantor are notified or notified to the principal obligor and the joint guarantor, if it is deemed that the preservation of the obligation is objectively necessary

As a credit guarantee accident occurred on January 27, 2014 due to delay in the repayment of principal and interest of loans to the Industrial Bank of Korea, the Plaintiff subrogated for the Industrial Bank of Korea on March 7, 2014 (i.e., principal amount of KRW 311,320,82 (= KRW 310,500,726).

(hereinafter “instant subrogation”). The Plaintiff recovering KRW 3,345,710 from A on March 7, 2014 to the credit guarantee agreement of this case.