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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. On September 15, 1998, Defendant A Co., Ltd. (hereinafter “Defendant A”) borrowed KRW 1.66 billion from the Korea Housing and Commercial Bank (Merger with the National Bank on November 15, 2001) at the maturity of payment of KRW 1.66 million at the rate of September 15, 2008, interest rate of KRW 3% per annum, and delay compensation rate of KRW 8.5% per annum. Defendant B and C guaranteed at the said lending to the Korea Housing and Commercial Bank within the limit of KRW 2.164 billion.
B. The Housing Finance Credit Guarantee Fund of Defendant Company guaranteed the Defendant Company’s obligation of the loans described in the A-Ba to the Korea Housing and Commercial Bank of Korea by September 15, 2001, within the limit of KRW 1.66,1200,000,000 of the guaranteed amount. The Defendant Company paid the amount, damages, and expenses when the Housing Finance Credit Guarantee Fund performed the guaranteed obligation. Defendant B and C guaranteed the Defendant Company’s obligation to the Housing Finance Credit Guarantee Fund.
C. On November 16, 2010, the Korea Housing Finance Corporation subrogated the Defendant Company’s principal and interest of loans amounting to KRW 968,622,753 to the National Bank.
On October 30, 2013, the Korea Housing Finance Corporation transferred the claim for indemnity due to the subrogation to the Plaintiff.
E. As of August 21, 2015, the principal amount of the indemnity liability of the Defendants as of August 21, 2015 is KRW 148,875,90 for interest calculated by 8.5% per annum from October 31, 2013 to August 21, 2015.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 7, the purport of the whole pleadings
2. Determination as to the cause of action
A. The Plaintiff shall claim against the Defendant Company the amount of KRW 1,17,498,743 ( principal KRW 968,622,753 and interest KRW 148,875,990) and damages for delay calculated at the rate of KRW 8.5% per annum from August 22, 2015, which is the day following the date of calculation of the last interest to the day of full payment, for the amount of KRW 500 million. The Plaintiff shall also claim damages for delay calculated at the rate of KRW 8.5% per annum from August 22, 2015 to the day of full payment, and as for Defendant B and C, who are the joint and several surety of the amount of reimbursement, the amount of KRW 1,117,498,743 and the amount of KRW 500 million from August 22, 201