보증절차 이행 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's assertion and judgment
A. The plaintiff asserts to the following purport.
On July 3, 2017, the representative Plaintiff was selected from the Small Enterprise and Market Promotion Corporation as a person eligible for support for micro enterprise policy funds, and banks, which are loan implementing institutions, requested the defendant's credit guarantee statement on the terms of loans of KRW 70 million.
Accordingly, the Plaintiff filed an application for credit guarantee with the Defendant on February 10, 2010, the Defendant rejected the application by requesting the Plaintiff to submit data on the repayment of the indemnity amount (the principal and interest of the Plaintiff’s actual Saemaul Savings Depository subrogated by the Defendant) and sales amount exempted from Daejeon District Court 2009,3450.
As a result, the Plaintiff failed to obtain a loan from the bank, the Defendant is obligated to pay the Plaintiff damages with KRW 70 million and damages for delay.
B. In full view of the purport of the arguments in the statement Nos. 1 and 2 of the judgment, the defendant is not able to provide a credit guarantee, etc. to a foundation established to facilitate its own financing by guaranteeing the obligations of small enterprises, etc. with weak potential of growth and with good credit standing. According to the defendant's credit guarantee regulations established based on the Regional Credit Guarantee Foundation Act, among the enterprises which were not recovered after the defendant performed the guaranteed obligation, the defendant cannot provide a guarantee to a company, a re-guarantee institution, and a re-guarantee-restricted company (a company whose guaranteed obligation has not been fully repaid after the foundation performed the guaranteed obligation) for which three years have passed from the date of the last performance of the guaranteed obligation. Meanwhile, the defendant paid the principal and interest of 10,348,695 won to the Korea Saemaul Depository on Jan. 30, 2009 pursuant to a credit guarantee agreement. However, the plaintiff's above indemnity liability of the court of Daejeon District on Feb. 10, 2010.