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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Creditor of the guaranteed amount guaranteed on the date of guarantee of basic facts: D 75,000,000 Loan Guarantee Bank on December 24, 1998; the Bank of Korea on May 18, 1999 E 20,000,000 Loan Guarantee Capital;
A. The Plaintiff entered into a credit guarantee agreement between C Co., Ltd. and the non-party company (hereinafter referred to as the "non-party company") with each of the loans of KRW 75,00,000 from the office of the Industrial Bank of Korea, and KRW 200,000,000 from the office of the C Co., Ltd., as follows, to secure the payment of the principal and interest of each loan, and issued each credit guarantee certificate accordingly.
B. The non-party company received a loan from each of the above funds as security.
C. Meanwhile, according to each of the above credit guarantee agreements, when the plaintiff performed the guaranteed obligation on behalf of the non-party company, the non-party company pays to the plaintiff the amount of the debt, damages, expenses, etc. according to the ratio set by the plaintiff. The non-party company F and B jointly guaranteed all of the obligations under the above credit guarantee agreements against the plaintiff.
C. Since then, as the non-party company lost its profits from each of the above loans principal and interest obligations, the plaintiff paid KRW 39,067,231 on April 30, 2003 to the Industrial Bank of Korea upon the Industrial Bank of Korea's request for the discharge of guaranteed liabilities, and upon the request for the discharge of the guaranteed liabilities of the Bag Capital Co., Ltd., the plaintiff paid KRW 120,58,270 on February 17, 2003 to the above company.
At present, the plaintiff's indemnity claim against the non-party company and the non-party company F and B, which are joint and several sureties, is 113,94 won including the principal and interest of the indemnity claim and substitute payment of 613,590 won.
E. Meanwhile, on January 3, 2012, B stipulated that B shall pay the Defendant a sum of KRW 250,000,000 to the Defendant up to June 30, 2012 on the ground that B borrowed KRW 60,000,000 on June 10, 2005, KRW 30,000 on May 9, 2008, and KRW 15,000,000 on May 15, 2009, and KRW 60,000 on June 25, 2010.