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1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
Reasons
1. Basic facts
A. 1) The Plaintiff is a non-profit special corporation established for the purpose of facilitating corporate financing and contributing to the development of the national economy through the establishment of sound credit order. 2) C Co., Ltd. (hereinafter “C”) is a corporation operating gas station business.
Defendant A was respectively registered from October 21, 2003 to February 13, 2009 as the representative director of Defendant C, and from April 26, 2005 to August 27, 2008 as directors of Defendant B.
B. The Plaintiff’s credit guarantee and subrogation 1) The Plaintiff agreed to provide a credit guarantee to the extent of one billion won per guaranteed principal with respect to the obligation to repay loans, which is to be borne by the Plaintiff by borrowing KRW 1.25 billion from one bank from August 7, 2008 (the representative director A) and C from August 7, 2008 to August 6, 2009 (hereinafter “instant credit guarantee”).
(2) At the time of the instant credit guarantee, Defendant A provided a joint and several surety for indemnity liability to be borne by C when the Plaintiff subrogated for a loan to a single bank according to the above credit guarantee.
3) C was granted a loan of KRW 1.25 billion from one bank as security in the letter of credit guarantee in this case (hereinafter “the instant loan”). However, C was granted a loan of KRW 1.25 billion (hereinafter “the instant loan”).
(C) On March 12, 2009, the Plaintiff filed a lawsuit seeking indemnity against the Defendant A, the primary debtor of the indemnity liability under the credit guarantee of this case and the joint guarantor, as Seoul Western District Court Decision 2010Da14684, Mar. 12, 2010, under the credit guarantee of this case, on March 12, 2009.
2. On July 13, 2010, “C” and Defendant A jointly and severally file a lawsuit against the Plaintiff KRW 174,321,174 and delay damages for KRW 82,684,747.