beta
Text
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. 1) The Plaintiff Co., Ltd. (hereinafter “instant company”) concluded a credit guarantee agreement
B) As to May 17, 2017, the credit guarantee agreement was concluded between ① (i) the credit guarantee principal of the credit guarantee principal, KRW 68 million, and the credit guarantee term from May 17, 2017 to May 16, 2018; and (ii) the credit guarantee agreement was concluded between the instant company and the credit guarantee agreement that guarantees the debt owed by the instant company to the Bank during the period from May 17, 2017 to May 16, 2018, with the credit guarantee principal of the credit guarantee principal of KRW 144,50,000, and the credit guarantee period from July 2, 2018 to July 1, 2019 (hereinafter referred to as the “each of the instant credit guarantee agreements”).
B) At the time of each credit guarantee agreement between the Plaintiff and the Plaintiff, the representative director of the instant company entered into each joint and several guarantee agreement (hereinafter “each joint and several guarantee agreement of this case”) with the content that the instant company jointly and severally performs the obligation owed to the Plaintiff according to the respective credit guarantee agreement of this case.
B. The instant company received loans from the Industrial Bank of Korea as collateral each credit guarantee certificate issued by the Plaintiff pursuant to each credit guarantee agreement of this case, from the Industrial Bank of Korea as well as KRW 80 million on May 19, 2017, and KRW 170 million on July 4, 2018. However, the instant company failed to pay the principal and interest of the instant loans on May 17, 2018, and accordingly, caused a guarantee accident under each credit guarantee agreement of this case. (2) On November 29, 2018, the Plaintiff paid the principal and interest of the instant company to the Industrial Bank of Korea pursuant to each credit guarantee agreement of this case. (3) On December 17, 2018, the instant company and B filed an application with the Plaintiff for a payment order of indemnity amount under the court No. 20132, Nov. 29, 2018; and (4) the Plaintiff jointly and severally requested compensation for delay.