구상금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On October 27, 2003, the Plaintiff entered into a credit guarantee agreement with the non-party B Co., Ltd. (hereinafter "non-party B") and with respect to the obligation to be borne by the non-party company upon receiving a loan from the non-party B bank, the Plaintiff borrowed a credit transaction agreement with the national bank as collateral for the credit limit amount of KRW 200 million and KRW 200 million until October 26, 2004, the guaranteed amount of KRW 175 million (85%) and the guaranteed amount of October 26, 2004. The non-party company borrowed the credit transaction agreement with the credit bank as collateral for the credit guarantee amount of KRW 20 million and the expiration date of the credit amount of KRW 20 million until October 26, 2004.
B. After that, at the request of the non-party company, the Plaintiff and the National Bank have extended the time limit for the guarantee of the above credit guarantee agreement and the time limit for the credit transaction agreement each year (the time limit was extended on October 26, 2005, the amount of guarantee is KRW 153 million for loans, KRW 180 million for loans, KRW 123 million for loans extended on October 26, 2006, and KRW 123 million for loans, and KRW 144 million for loans, respectively). When the extension of the time limit under the internal regulations of the National Bank was impossible, the non-party company entered into a credit guarantee agreement with the Plaintiff on October 17, 2008 with the principal of guarantee amount of KRW 85 million for loans (the same as the existing credit guarantee agreement).
(Plaintiff stated in a credit guarantee agreement that the guarantee is a guarantee to recover the guarantee on October 27, 2003).
On October 27, 2008, the National Bank entered into a credit transaction agreement with the non-party company as collateral on the credit guarantee letter as of October 17, 2008, with the limit of KRW 100 million, and the expiration date of the credit until October 26, 2009, and actually dealt with the loan to the non-party company without paying the loan to the non-party company and using the loan to pay the existing loan credit.
(hereinafter referred to as “instant substitute exchange disposition”) D.
The plaintiff is the plaintiff.