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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 2, 2003, the Defendant concluded a credit guarantee agreement with the Sejongsan Complex Co., Ltd. (hereinafter the “Sjinsan Complex”), and issued a credit guarantee certificate to the Plaintiff, and guaranteed the general facility loan obligation of KRW 1.5 billion, which is KRW 1.5 billion, to be borne by the Plaintiff prior to the Sejongsan, within the scope of KRW 1.35 million, which is 90 million, (hereinafter the instant guarantee).
B. Under the Defendant’s guarantee on December 9, 2003, the Plaintiff entered into a credit transaction agreement as of December 1, 2004 as to the loans for corporate facilities in the subject of credit, the amount of loans (limit) to KRW 1.5 billion, and the expiration date of the credit transaction, and paid KRW 75 billion on April 14, 2004, and KRW 300 million on August 23, 2004 to Sejongsan, respectively.
C. At the time of the guarantee of this case, the Defendant: (a) entered into a second priority mortgage agreement under the Factory Mortgage Act (the first priority mortgage agreement under the Factory Mortgage Act shall be terminated at least 67,500,000,000 won; and (b) on November 8, 2004, the above special agreement was entered into on the following: (a) on the land of the factory with 648 location in the Yongsan-gun, the No. 5,000,000,000 won or more; (b) the land of the factory with 124 and 124-5 location factories (the specifications: attached to the guarantee document); and (c) the building and the building of the factory with 195,000,000 won or more as joint collateral; (d) the establishment of the mortgage agreement under the Factory Mortgage Act (the first priority agreement shall be amended to 7,500,000,000 won or more as the factory).
On November 25, 2004, the Plaintiff received KRW 750 million from the Sejong Mountain Complex. On the same day, the Plaintiff terminated the amount of KRW 675 million out of the Defendant’s guaranteed amount. On December 2, 2004, the Plaintiff acquired each right to collateral security against the land, building, and land, building, machinery, and apparatus of the parent-management factory and the building on December 2, 2004.
E. The defendant's credit guarantee on December 8, 2004.