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(영문) 수원지방법원 2018.04.18 2017가단24249
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 13, 2003, the Defendant entered into a guarantee agreement with B (mutual “C”) (Guarantee Number D), and issued a guarantee certificate of KRW 50,000,000, the amount of security deposit of KRW 42,50,000.

(hereinafter referred to as “the first guarantee”). Since then, B lost the benefit of time for the loan obligations secured by the said guarantee, the Defendant subrogated to the E Bank on December 6, 2005 KRW 44,173,812.

B. On December 14, 2005, the Defendant entered into a guarantee agreement with F Co., Ltd. (the representative director, the Plaintiff; the F hereinafter referred to as the “F”) with respect to F Co., Ltd. (the Plaintiff), and issued a guarantee certificate of KRW 44,00,000, and the guaranteed amount of KRW 44,000,000.

In addition, around September 10, 2007, the F entered into a guarantee agreement with F (Guarantee No. H), creditor E Bank, creditor E Bank, loan amount of KRW 50,000,000, guaranteed amount of KRW 42,500,000.

(hereinafter referred to as “the second guarantee”). Since then, F lost the benefit of time for the loan obligations secured by the guarantee of the said second guarantee, F made a subrogation of KRW 86,732,984 on September 30, 2009.

As an internal director of F, the Plaintiff jointly and severally guaranteed the indemnity liability under the above second guarantee agreement.

C. The Defendant entered into a credit guarantee agreement with F on December 29, 2009 with I (mutually named “J”) with respect to F’s liability for reimbursement, and the Guarantee Number K and the Credit Guarantee Agreement in this case (hereinafter “Credit Guarantee Agreement”).

(B) The Plaintiff issued a certificate of guarantee to be the Bank of Korea (which shall be changed to KRW 44,20,000,000, the guaranteed amount of KRW 444,200,000 (which shall be changed to KRW 39,000). At the time, the Plaintiff, based on the instant guarantee agreement, jointly and severally guaranteed with L, B, and F, the obligation of indemnity against the Plaintiff under the instant guarantee agreement. Thereafter, on April 7, 2015, the Plaintiff lost the benefit of time due to the loan obligations secured by the said guarantee, and the Defendant subrogated the Bank of Korea to KRW 39,621,459.

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