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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. The Plaintiff’s claim 1 against Nonparty B) The Plaintiff is Nonparty E Co., Ltd. (hereinafter “Nonindicted Company”).
(1) The term “instant first guarantee agreement” refers to a credit guarantee agreement concluded on March 3, 2015 (hereinafter referred to as “instant first guarantee agreement”) with the F Bank’s head office and branch office as a guarantee agreement to guarantee the payment of a loan amounting to KRW 94,00,000,000 as of March 3, 2014, and the term of guarantee until March 3, 2015 (up to March 5, 2018).
(2) A credit guarantee contract for the guaranteed amount of KRW 150,000,000 on June 13, 2016, and the term of guarantee as of June 23, 2017 (hereinafter “instant guarantee contract”).
(3) A credit guarantee agreement with the coverage period of 85,00,000,000 on October 11, 2016 (hereinafter “instant third guarantee agreement”) and with the maturity of October 11, 2017 (hereinafter “instant third guarantee agreement”).
(2) On June 23, 2017, the non-party company's representative director was a joint and several surety for the plaintiff of the non-party company under the above credit guarantee contract. The non-party company did not pay the principal of the loan to the F Bank on June 23, 2017. The plaintiff paid to the F Bank 95,778,739 won under the first guarantee contract of this case, and 150,846,863 won under the second guarantee contract of this case, and 85,60,000 won under the third guarantee contract of this case, and 331,643,602 won by subrogation.
3) On September 27, 2017, the Plaintiff filed an application for payment order with Nonparty Company and B seeking payment of the amount of reimbursement as stated in paragraph (2) with the Gwangju District Court Decision 2017 tea1450, and on September 27, 2017, the Plaintiff received an order for payment from the above court to the Plaintiff that “the Nonparty Company and B shall jointly and severally pay to the Plaintiff 33,115,274 won and 331,643,602 won per annum from August 31, 2017 to February 21, 2018, and 15% per annum from the next day to the date of full payment.” The said payment order was finalized on March 7, 2018.
B. Nonparty B’s act of disposing of the lease deposit claim of Nonparty B (i) between G and G on June 4, 2015, Nonparty B is referred to as “the instant apartment complex” of Ysan-gu Seoul Metropolitan City (hereinafter “instant apartment”).