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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On November 2007, the Plaintiff entered into a credit guarantee agreement (hereinafter “the first credit guarantee agreement of this case”) with Nonparty B with the credit guarantee principal of KRW 42,500,000, and the credit guarantee period from November 9, 2007 to November 7, 2008 (the guarantee period of this case was thereafter extended to October 28, 2016).
B. In addition, around August 2010, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant secondary credit guarantee agreement”) with Nonparty C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) that the said B operates with her husband, with the credit guarantee principal of KRW 64,80,00,00 and the credit guarantee period from August 13, 2010 to August 12, 2011 (the guarantee period thereafter was extended from August 5, 2016 to the extended period of August 5, 2016) (hereinafter “the instant secondary credit guarantee agreement”); ② around April 2012, the credit guarantee agreement was concluded between the Plaintiff and Nonparty Co., Ltd. (hereinafter “Nonindicted Co., Ltd”); each of the instant credit guarantee agreements was signed and sealed by the Plaintiff Co., Ltd. as a joint and several surety and each of the instant credit guarantee agreements was signed and sealed by the Plaintiff Co., Ltd. as a joint and several surety.
C. B and Nonparty Company borrowed money from a financial institution based on each credit guarantee agreement of this case, but Nonparty Company was from December 15, 2015 to February 15, 2016, and from February 15, 2016, B did not pay interest on each loan and eventually failed to repay each loan. Accordingly, the Plaintiff was 36,548,538 won for debt to D Co., Ltd. (hereinafter “D”) related to the credit guarantee agreement of this case on March 14, 2016, and 2.
5. 13. The amount of KRW 56,922,824 against the Bank of Korea of the non-party company related to the instant secondary credit guarantee agreement and the amount of KRW 198,046,824 against the Bank of Korea of the non-party company related to the instant secondary credit guarantee agreement was paid by subrogation of KRW 254,969,648.
Since then, the plaintiff is out of the amount of subrogated payment from the company B and the non-party company.