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1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's claim against the defendant is dismissed.
3...
Reasons
1. Basic facts
A. Credit guarantee agreement and subrogation 1) The Plaintiff is a co-defendant A (hereinafter “A”) at the first instance trial on January 5, 2012.
(i)in accordance with a credit guarantee agreement between the Corporation and the Guarantee principal amounting to 30,00,000 (100%) and the Credit Guarantee (Guarantee Number F) as of January 5, 2017. A submitted the said guarantee on the same day and issued a new bank (hereinafter referred to as “new bank”)
(2) The Plaintiff and A guaranteed the obligation to repay the principal and interest of a loan to a new bank in the course of concluding the aforementioned credit guarantee agreement with the Plaintiff, and upon the Plaintiff’s performance of the said guaranteed obligation, the Plaintiff agreed to pay the Plaintiff the amount paid by the Plaintiff for the performance of the guaranteed obligation and the damages for delay at the rate determined by the Plaintiff from the date of subrogation to the date of repayment for the performance of the guaranteed obligation, ② the expenses paid by the Plaintiff for the performance of the guaranteed obligation, ③ the expenses paid by the Plaintiff to the Plaintiff for the preservation, transfer, and exercise of the right acquired by the performance of the guaranteed obligation
3) On May 8, 2014, A lost the interest and interest of the loan due to delay in payment of principal and interest, and the Plaintiff did not repay the principal and interest thereof. As a guarantor, the Plaintiff performed the guaranteed obligation by subrogation of KRW 20,92,658 on September 1, 2014. After that, the Plaintiff collected the total amount of KRW 8,972,560 from A as listed below, and the unpaid amount out of the subrogated amount was KRW 12,020,098. On the other hand, with respect to the amount recovered by the Plaintiff, the amount of damages was determined as KRW 288,467 in total from the date of the above subrogation to the date of recovery of each subrogated amount (the rate of damages for delay determined by the Plaintiff as to subrogation amount is 14% per annum from the date of the above subrogation to May 31, 2015, and 12% per annum from the next day to the date.
Of the legal procedure costs incurred by the Plaintiff to preserve the above claim for reimbursement, the outstanding amount is KRW 1,005,910.