대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On August 25, 2006, Jungbu Mutual Savings Bank loaned KRW 1 billion to Nonparty B Co., Ltd. (hereinafter “B”), and at that time, the Defendant, who was the representative director B at that time, jointly guaranteed the above loan obligations within the limit of KRW 1.4 billion.
B. Thereafter, around June 30, 2009, B repaid part of the principal and interest obligation of the above loan, and on August 14, 2013, B failed to repay the principal and interest of the loan as of August 14, 2013, totaling KRW 1,039,741,334, and principal and interest of the loan, KRW 1,049,978,789.
C. Meanwhile, on October 31, 2014, the mutual savings bank was merged into the savings bank with Hyundai Switzerland 3 Savings Bank and SBA 3 Savings Bank, respectively.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination as to the cause of claim
A. The plaintiff's assertion that the defendant is jointly and severally liable to repay the principal and interest of the above loan to the plaintiff within the extent of KRW 1.4 billion, which is the amount of guarantee limit, as a guarantor who guarantees the plaintiff's loan to the plaintiff B.
B. Although the plaintiff and the defendant did not prepare documents, etc. that terminate the joint and several guarantee contract between the plaintiff and the defendant or replace the new joint and several sureties, they are acknowledged as being added to the respective statements in Gap evidence 3, Eul evidence 1 through 33 (including spot numbers, if any) and the overall purport of the arguments in Eul's testimony as well as the witness C and D's testimony. In other words, the defendant, as the representative director of Eul around August 25, 2006, was dismissed from office as representative director around June 25, 2007, when the above joint and several guarantee contract was concluded with Jung Mutual Savings Bank as of August 25, 2006, but the defendant was dismissed from office as representative director around June 25, 2007, ② as to the above loan obligation of Eul, the mutual savings bank was made in a trust on the land outside the E-Si, Gyeonggi-si, Gyeonggi-do, and the land outside the nine lots