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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On March 28, 200, the Plaintiff entered into a credit guarantee agreement between the Defendant’s credit guarantee business agency and A’s representative B with the amount of KRW 32,00,000,000, and one-year period for the credit guarantee. The Plaintiff loaned KRW 40,000,000 to B as security.
Since then, on April 20, 2001, the Plaintiff entered into a credit guarantee agreement with the same credit guarantee principal of KRW 48,000,000, and the term of guarantee of KRW 1 year, and loaned KRW 60,000,000 to B as security.
At the time of conclusion of each credit guarantee agreement, C, the spouse of B, was admitted as joint and several sureties B.
B. Each credit guarantee agreement was concluded on March 24, 2005 and April 19, 2006 with the same content as each of the previous agreements extended the time limit for guarantee on a yearly basis.
(hereinafter) On March 24, 2005, the credit guarantee agreement was concluded on April 19, 2006, and the credit guarantee agreement was concluded on April 19, 2006 (hereinafter “the second credit guarantee agreement”). Thereafter, the first and the second credit guarantee agreement extended the time limit by one year with the consent of the Plaintiff, B, and C on an annual basis, approximately one-year basis. The first credit guarantee agreement finally changed the time limit by one year from March 15, 2013 to 24,80,000, and the second credit guarantee agreement was changed by one year from April 12, 2013 to 38,80,000, respectively.
However, in 2013, C did not become a joint guarantor in 2013 where the deadline was finally extended.
C. After the closure of B and the payment of interest on the Plaintiff, the Plaintiff filed a claim against the Defendant on July 18, 2013 for the deposit under the credit guarantee agreement under Articles 1 and 2.
However, at the time of the final extension of the deadline, the defendant requested the vindication of the reasons why C had been omitted and rejected the payment of the deposit.
[Grounds for Recognition] Facts without dispute, Gap 1-4 evidence, Eul 1-3, 6, 8-10 evidence
2. The parties' assertion and judgment
A. The plaintiff alleged that the principal of the guaranteed principal under the credit guarantee agreement Nos. 1 and 2 is KRW 63,680,000 and attempted interest amounting to KRW 261,281.