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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Credit guarantee agreement and loan 1) The Plaintiff is D Co., Ltd. (hereinafter “D”) on October 28, 2010.
B) As between the Company and the Bank, the Bank entered into a credit guarantee agreement with the coverage amounting to KRW 255,00,000 and October 27, 201 for the secured payment of the principal and interest of loan, and the credit guarantee agreement with the term of guarantee as of October 27, 201 (after that, the term of credit guarantee was extended on October 25, 201);
The first credit guarantee agreement of this case hereinafter referred to as "the first credit guarantee agreement of this case"
(2) On October 28, 2010, D issued a credit guarantee certificate, and D loaned KRW 300,000,000 from the Industrial Bank of Korea as security (hereinafter “the first loan agreement of this case”).
(2) On October 12, 2012, the Plaintiff entered into a credit guarantee agreement with D on October 12, 2016 (hereinafter “the second credit guarantee agreement”) on a guarantee for the payment of the principal and interest of loan, 204,000,000 won guaranteed for D’s payment of the principal and interest of loan, and on October 12, 2016, issued a credit guarantee agreement with D on October 12, 2016. On October 12, 2012, D borrowed KRW 240,000 from Korean bank as collateral.
(3) On the other hand, C, the representative director of D, pursuant to the credit guarantee agreement in the first and second cases, bears all obligations owed by D to the Plaintiff (hereinafter “instant joint and several guarantee agreement”).
B) Around November 6, 2013, D, upon filing an application for rehabilitation on November 6, 2013, lost the benefit of the period under the instant loan agreement. The Plaintiff, on December 11, 2013, subrogated to the Industrial Bank of Korea for the principal and interest of KRW 257,50,195 (the Plaintiff recovered KRW 1,64,860 from D on December 12, 2013, after subrogated to the Industrial Bank of Korea, and collected KRW 1,64,860 from D on December 11, 2013).