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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Nonparty C Co., Ltd (hereinafter “Nonindicted Co., Ltd.”) concluded a credit guarantee agreement between the Plaintiff and the Plaintiff (hereinafter “Nonindicted Co., Ltd.”) under the terms of (i) the guaranteed amount of June 18, 2014; (ii) the guarantee period of KRW 510,00,000; and (iii) the guarantee period of KRW 18,00 from June 18, 2014 to June 17, 2015 (i) the guarantee period of KRW 600,000,000 with a credit guarantee agreement issued by the Plaintiff based on the said credit guarantee agreement; and (iv) the said bank borrowed KRW 600,000 from the said bank; and (iii) the said bank entered into a credit guarantee agreement with the guarantee period of KRW 25,00,000,000 from March 25, 2016 to March 24, 2017 (the said agreement was amended by the credit guarantee period of KRW 30,019,3000).
B. At the time when the above credit guarantee agreement was concluded between the Plaintiff and the non-party company, the non-party company agreed to reimburse the amount of the guaranteed debt paid by the Plaintiff to the financial institution within the scope of the guaranteed principal of the above credit guarantee contract and the amount of the guaranteed debt and its subordinate debt so that the Plaintiff discharges the guaranteed debt, the non-party company agreed to reimburse damages for delay, guarantee fee, fine for negligence, penalty, and the legal procedure expenses required by the Plaintiff for the enforcement or preservation of the indemnity claim, in accordance with the provisions of the Credit Guarantee Fund Act,
C. Nonparty B (hereinafter referred to as “debtor B”) as the manager of the non-party company, at the time of the above credit guarantee agreement, jointly and severally guaranteed the liability for reimbursement against the Plaintiff of the non-party company.
In a case where a non-party company was unable to pay the principal and interest of a loan to a lending financial institution, the Plaintiff paid 466,822,154 won to the Industrial Bank of Korea on May 10, 2019, and 234,573,955 won to the D Bank on the same day pursuant to each credit guarantee agreement.