보증채무금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On May 3, 2012, the Korea Deposit Insurance Corporation (hereinafter “A Savings Bank”) was declared bankrupt on February 28, 2013 by the Daejeon District Court Decision 2013Hahap2, and the Korea Deposit Insurance Corporation was appointed as a trustee in bankruptcy.
B. On June 13, 2009, Defendant B entered into a credit transaction agreement (hereinafter “instant loan agreement”) with A Savings Bank as follows. On the same day, Defendant C entered into a comprehensive collateral guarantee agreement with A Savings Bank as to the Defendant B’s obligations at KRW 455,000,000.
A Savings Bank paid a loan under the instant loan agreement (hereinafter “instant loan”) to Defendant B on June 15, 2009.
Credit subjects: 350,00,00 won for general loans, credit amount: 350,00,000 won for credit commencement date: June 15, 2009; expiration date of credit: June 15, 2010; interest rate: 9% per annum; and damages for delay: 23% per annum.
C. On June 15, 2009, A Savings Bank established a right to collateral security of KRW 455,000,000 with respect to the instant loan and the four-story buildings owned by E with respect to the F&320.6 square meters and its ground (hereinafter “E-si real estate”).
On August 14, 2013, the Plaintiff received dividends of KRW 252,047,527 from the voluntary auction procedure for real estate located in Yasan-si (Seoul District Court Gunsan Branch G).
[Ground for recognition] Unsatisfy
2. The parties' assertion and judgment
A. 1) The Defendants are jointly and severally liable to pay the principal and interest of the instant loan to the Plaintiff, since the Plaintiff Defendants did not repay the remainder of the loan amount of KRW 99,306,666 and the interest and arrears of KRW 193,045,842, a sum of KRW 193,045,842, even after the maturity of the instant loan. The amount claimed by Defendant C to have deposited on March 31, 2010 is not used as the repayment of the instant loan, but is not used as the repayment of the instant loan, and is jointly and severally owned by H I (hereinafter referred to as “the Plaintiff”).