1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. 1) The Plaintiff is a non-profit special corporation established under the Credit Guarantee Fund Act in order to contribute to the balanced development of the national economy by ensuring the debt of an enterprise with weak collateral but with good credit standing. 2) A stock company B (a corporation registration number: C; hereinafter “foreign company”) is established on January 13, 2004 and is engaged in water purifiers, training instruments, and manufacturing and selling business for air clean, and F is registered as the representative director of the non-party company from the time of its incorporation to the date of its incorporation.

3) On December 13, 2013, the Defendant (corporate registration number: D) was established with the same trade name as that of the non-party company as KRW 20 million, total number of outstanding stocks, KRW 400,00 (amounting to KRW 500,00) and is engaged in the manufacturing and selling business of water purifiers, hot water purifiers, drinking water purifiers, and food treatment apparatus. From the time of the establishment of the Defendant, the Defendant held 3,600 shares (90%) out of the total number of outstanding shares issued by the G Defendant, who is the wife of F, up to the date of its establishment. The Defendant’s representative director and 400 shares (10%) out of the total number of outstanding shares issued by H, are registered as the Defendant’s internal director. (2) The Plaintiff was extended between the non-party company and the expiration date of guarantee agreement between the non-party company and the expiration date of 21,250,000 won and May 15, 2012.

After entering into a credit guarantee agreement (hereinafter referred to as the "credit guarantee agreement in this case"), the non-party company issued a letter of credit guarantee under the credit guarantee agreement in this case (hereinafter referred to as the "written credit guarantee in this case").

2) On May 18, 2012, Nonparty Company borrowed KRW 210,500,000 from a national bank with the instant credit guarantee certificate as collateral. 3) Nonparty Company did not pay interest on the said loan to the national bank from May 2, 2014.