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The plaintiff's claim is dismissed.
Costs of lawsuit shall be borne individually by each person.
Reasons
1. Basic facts
A. On June 13, 2017, the Plaintiff entered into a guarantee agreement with a non-party company B (hereinafter “non-party company”) and issued a guarantee agreement (hereinafter “the instant guarantee agreement”) with a period from June 13, 2017 to June 12, 2018, to secure the repayment of the loan to the non-party company CB. In order to secure the repayment of the loan to the non-party company’s CB, the Plaintiff borrowed KRW 100,000,000 from D bank after providing the said guarantee agreement as security.
Since the instant guarantee contract, the guaranteed amount was changed to KRW 90,000,000, and the term of guarantee was changed to June 12, 2019.
B. On June 13, 2017, the Defendant, the representative director of the Nonparty Company, concluded a transparent management performance agreement with the Plaintiff (hereinafter “instant transparent management performance agreement”) with the following content.
The commitment to transparent management performance agreement shall, in receiving the credit guarantee of Article 1 from the Plaintiff, promise the Guarantee Company to faithfully perform its obligation to indicate management under Article 2 in order to manage a sound and transparent enterprise in a manner that can contribute to the development of the national economy instead of supporting the joint and several sureties. If it is violated, it shall be jointly and severally with the Guarantee Company for the obligations stipulated in the credit guarantee agreement of Article 1, and shall approve that the provisions of each of the credit guarantee agreement of Article 1 are applied to the performance of the guaranteed obligation, and that each of the provisions of this Agreement is promised.
Section 1 (Purpose) This Arrangement aims to fulfill its management obligations to the Guarantee Company in connection with the following credit guarantee arrangements:
1. Guarantee Company: Nonparty Company;
2. Credit guarantee agreement: A credit guarantee agreement concluded on June 13, 2017;
3. Guaranteed principal: One hundred million won.
4. Period of guarantee (limited transaction): An agreed person under Article 2 (Management Obligations) from June 13, 2017 to June 12, 2018 shall not letter a joint and several guarantee for a credit guarantee agreement under Article 1.