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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. (i) On February 11, 2015, Nonparty B entered into a credit guarantee agreement with the Plaintiff on February 3, 2017 with a guarantee term of KRW 20,000,00 (hereinafter “the instant credit guarantee agreement”) and received a guarantee certificate from the Plaintiff to D Co., Ltd. (hereinafter “Nonindicted Bank”) on February 12, 2015, and received a loan under the pretext of a general loan.
B around February 6, 2017, the Plaintiff, who caused a credit guarantee accident due to principal delay, by subrogation, on June 14, 2017, paid the principal and interest of the credit guarantee liability to the non-party bank KRW 17,535,318 (principal KRW 17,290,000, KRW 245,318) to the non-party bank.
In addition, B was charged KRW 92,370 with additional guarantee fee for subrogation in accordance with the credit guarantee agreement of this case.
Article 22(1) of the Civil Procedure Act provides that “B shall pay damages for delay from June 14, 2017 to the Plaintiff” and “B shall pay damages for delay from June 14, 2017 to the Plaintiff,” and the payment order was finalized on September 26, 2017.
B. On March 22, 2017, B completed the registration of the establishment of a mortgage on each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) owned by the Defendant, which was based on the same day-based mortgage contract (hereinafter “mortgage contract”) as the receipt by the Busan District Court registration office, under Article 8403.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 2-2, Gap evidence 3, Gap evidence 4-1 and 2-2, the purport of the whole pleadings
2. The parties' assertion
A. The gist of the Plaintiff’s assertion is as follows: (a) around February 6, 2017, the Nonparty B entered into the instant credit guarantee agreement and received a loan from the Nonparty bank; and (b) around KRW 17,627,688, which caused a credit guarantee accident due to principal and delayed payment.