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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 December 22, 2003, Nonparty B Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) entered into a credit guarantee agreement with the Plaintiff on the loans obligations to the branches of the Industrial Bank of Korea and the branches of the National Bank Station. On the same day, it received each loan of KRW 100,000,000 (the guarantee amount was later changed from KRW 85,000,000 to KRW 68,000) from the branch office of the National Bank Line on June 8, 2009.
At that time, the representative C of the non-party company guaranteed the debt owed by the non-party company to the plaintiff according to the above credit guarantee agreement.
B. When a guarantee accident occurred due to the non-party company's delinquency in paying the principal and interest of each of the above loans around July 22, 2009, the plaintiff paid a loan to each of the above banks around September 28, 2009, and applied for an order to pay indemnity amount with Seoul Western District Court 2010 tea295 against the non-party company and C, and around April 8, 2010, "the non-party company and C jointly and severally with the plaintiff 196,98,624 won and 195,574,224 won from September 28, 2009 to April 14, 2010, and the payment order was finalized around that time."
C. Meanwhile, around March 14, 2002, the non-party company established the fourth floor of the Seocho-gu Seoul Metropolitan Government D Building for the purpose of its principal office location, software development, and manufacturing and sales business. Around February 16, 2004, each of the headquarters was changed into the E building, around March 29, 2007, and C was appointed as the representative director of the non-party company from March 14, 2005.
The defendant's trade name around August 28, 2009, and the defendant's purpose is the development of software, the development of hardware equipment, the development of voice-based electronic communication device, and each sales of H apartment 202 and 704, Songpa-gu, Seoul.