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1. The plaintiff's claim is dismissed.
2. Of the costs of lawsuit, the part pertaining to the participation in the litigation is the intervenor joining the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff’s Intervenor is a corporation established under the Credit Guarantee Fund Act with the aim of guaranteeing the debt of an enterprise which lacks security capability to facilitate the financing of the enterprise and establishing sound credit order through efficient management and operation of credit information, thereby contributing to the balanced development of the national economy.
B. In receiving a loan from a non-party national bank (hereinafter “non-party bank”), the non-party A requested the Plaintiff’s Intervenor to provide a credit guarantee for the purpose of securing the repayment of the principal and interest of the loan. The Plaintiff’s Intervenor changed the period of the credit guarantee to February 10, 2012 by the end of February 10, 2012, the amount of KRW 42,50,000 out of the amount that A wishes to obtain from the non-party bank shall be the credit guarantee principal, and the term of the credit guarantee shall be from February 10, 2012 to February 8, 2013. The credit guarantee (Guarantee Number: D) was issued to the non-party bank on February 10, 2012, and the period of the credit guarantee was changed to February 8, 2013 by the end of February 6, 2015.
C. At the time of a credit guarantee agreement with the Plaintiff’s Intervenor, A agreed to pay the Plaintiff’s Intervenor the principal and interest on the payment, and the amount of damages in accordance with the interest rate set by the Plaintiff’s Intervenor within the limit of 25% per annum as stipulated in Article 35 of the Credit Guarantee Fund Act. The interest rate set by the Plaintiff’s Intervenor was 18% per annum from January 1, 1999 to May 31, 2005, and 15% per annum from the next day to November 30, 2012, and 12% per annum from the next day to the next day. The Plaintiff’s Intervenor agreed to pay the expenses incurred in the execution and preservation of claims under the credit guarantee agreement, exercise, and legal procedure for the payment by the Plaintiff’s Intervenor on behalf of the Plaintiff’s Intervenor, as well as damages for delay in accordance with the calculation method set forth in the Plaintiff’s Intervenor’s credit guarantee agreement.
A as security for the above guarantee from the bank of the non-party bank.