1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff’s claim against C (1) (hereinafter “Nonindicted Company D”) concluded five guarantee agreements with the Plaintiff (hereinafter “each of the instant guarantee agreements”) as follows, and issued each of the respective guarantee certificates to the Plaintiff. The Plaintiff secured each of the loans from financial institutions as follows.

On June 16, 2008, a guarantee agreement was concluded between 180,000,000 won for guaranteed amount, and the term of guarantee was changed by June 16, 2009 (the term of guarantee thereafter was changed by September 6, 2019), and the E bank loaned KRW 200,000,000 from E bank.

On April 3, 2014, the term of guarantee was 170,000,000 won for guaranteed amount, and the term of guarantee was 200,000,000 won for extended loans from the Industrial Bank of Korea until April 3, 2015 (the term of guarantee was changed by September 27, 2019).

On June 18, 2015, a guarantee agreement was concluded with the coverage amount of KRW 297,500,000 and the coverage period of KRW 350,000 was changed until February 26, 2016, and the Bank borrowed KRW 350,000 from the Industrial Bank of Korea.

On September 7, 2016, a guarantee agreement was concluded between 171,00,000 won for guaranteed amount and 190,000,000 won for guaranteed amount until September 7, 2017 (the former guaranteed principal was changed to 161,50,000 won for guaranteed principal, and the term of guarantee was changed to September 6, 2019), and was granted loans from the Industrial Bank of Korea.

On May 12, 2017, a guarantee agreement was concluded with the coverage amount of KRW 180,000,000 and the coverage period of KRW 200,000 was changed to September 27, 2018, and the F Bank loaned KRW 200,00,000 from May 11, 2018.

(2) From March 2, 2011 to November 20, 2018, C is a person registered as a representative director of a non-party company. Under each of the instant guarantee agreements, the non-party company guaranteed the debt owed to the Plaintiff by the non-party company.

On the other hand, on November 5, 2019, the Seoul Rehabilitation Court decided to commence rehabilitation proceedings with respect to the non-party company by 2019.

(3) The non-party company is granted each guarantee issued by the Plaintiff at a financial institution as security.