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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 September 11, 2012, the Plaintiff entered into each of the instant credit transaction agreements and the Defendant’s joint and several sureties 1) and changed the trade name on June 8, 2016.
hereinafter referred to as “C”
B) As between September 10, 2014, the term of validity was determined from the agreed date to September 10, 2014; the guarantee limit was KRW 97.966 billion; the loan limit was KRW 3.296.4 million; the Plaintiff entered into a credit transaction agreement with C to provide a guarantee or to provide a loan for operating funds, etc. within the scope of each limit upon request of C; and on September 23, 2014, the Plaintiff again entered into a credit transaction agreement with C to set the guarantee limit amount as KRW 36.268 billion and the loan limit amount as KRW 4.43.4 billion (hereinafter “each limit transaction agreement of this case”).
(2) According to each limit transaction agreement of this case, C should pay the amount guaranteed by the Plaintiff to the guaranty creditor without delay, and the repayment interest determined by the Plaintiff should be paid to the Plaintiff without delay, and the Plaintiff should pay damages to the incidental debt, such as the legal procedure cost incurred by the Plaintiff for the preservation of the claim and the execution of the claim.
3) At the time of each limit transaction agreement in this case, the Defendant, the representative director of C, at the time of the instant credit transaction agreement, has jointly and severally guaranteed the obligation of indemnity to be borne by the Defendant Company when the Plaintiff performed the guaranteed obligation under the said credit transaction agreement. (B) The Plaintiff’s guarantee type-based principal contract secured by the guarantee guarantee guarantee deposit of the Plaintiff, the construction of the installation of facilities for convenience of the contract guarantee subways (1) from April 9, 2015 to June 17, 2017, E Station Seoul Urban Transport Corporation (1) 29,967,500 won from April 23, 2013 to October 23, 2013 to October 23, 2013 to October 23, 2023 to 15, 2023,500 won, and 3 repair of the said reconstruction construction work (the floor, roof, 103-103-23-128, 2012.