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1. The plaintiff's primary claim against the defendants is dismissed in entirety.
2. Defendant A Co., Ltd. shall be the Plaintiff on 213,673.
Reasons
1. Basic facts
A. The Plaintiff and the Defendant Company A (hereinafter “Defendant Company”) concluded a credit transaction agreement (hereinafter “instant Nos. 1 and 4 agreements”) in order, as seen below, respectively, and concluded an additional arrangement with the content of extending the transaction period for each agreement thereafter.
The Credit Guarantee Fund (Credit Guarantee Fund) of May 22, 2008, the amount of credit extended (limit) and the guarantee amount for each kind of guarantee of the guarantor, as of May 22, 2008, shall be KRW 24 million (180 million) and KRW 120,000,000 (180,000,000) on May 22, 2008, 2010, KRW 320,000,000 won (3,000,000,000 won on October 20, 2009, June 20, 20, 2010, KRW 60,000,000 B comprehensive collateral guarantee of KRW 40,000,000,000,000 won on August 13, 209, respectively.
B. As to the instant arrangement Nos. 1 through 4, Defendant B guaranteed the obligation owed by the Defendant Company to the Plaintiff to the extent of the amount set forth in the guarantee limit as follows:
On the other hand, the Defendant Company provided a guarantee of the credit guarantee agreement concluded between the Credit Guarantee Fund and the Korea Credit Guarantee Fund to set the principal of the credit guarantee amount of KRW 180 million.
C. On April 29, 2010, the Defendant Company transferred KRW 350,20,349, respectively, the total amount of KRW 212,914,708, and KRW 137,285,641, and the total amount of KRW 137,285,641, which it owned against Nonparty D, to the Plaintiff, and notified the Nonparty of each of the above assignment of claims around that time.
On May 28, 2010, the Plaintiff subrogated to the Credit Guarantee Fund for a loan of KRW 181,313,402 (i.e., the principal amount of KRW 180,00,000) under the instant agreement, and subsequently transferred to the Credit Guarantee Fund the portion of KRW 112,914,708 out of the credit against C and the amount of KRW 77,285,641 out of the credit against D, respectively.
E. On May 4, 2010, the Plaintiff offsets the claims for loans under the Agreement Nos. 2 through 4 against the Plaintiff and the claims for preliminary installment savings held by the Defendant Company against the Plaintiff as indicated in the table “Offset” column below, and on June 29, 2010.