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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. B (hereinafter “B”) was liable for a loan amounting to KRW 2,00,000,000 to a single bank. However, on April 2008, upon being notified that the extension of maturity of the above loan is impossible, the Defendant obtained a refund loan from the Defendant to repay the existing loan to a single bank.
Accordingly, the defendant demanded that the defendant establish a sufficient joint and several sureties in B.
B. On May 208, 2008, E, the representative director of D (hereinafter “D”) and the major shareholder of C (hereinafter “C”) as the major shareholder of C (hereinafter “C”), who are the major shareholder, requested the Plaintiff to “B to obtain a substitute loan equivalent to the same amount from the Defendant, with the maturity of KRW 2,000,000,000,000 of the existing loan to a single bank,” and requested the Plaintiff to “B to obtain a substitute loan from the Defendant,” and the Plaintiff accepted it.
C. Therefore, B obtained a loan from the Defendant on June 2, 2008 at the interest rate of KRW 2,00,000,000 per annum 9.03% per annum, 17% per annum per annum per delay delay delay delay delay delay delay damages of less than three months, 19% per annum per annum per delay delay delay delay damages of not less than three months, and as of July 28, 2008 on the loan maturity date.
(hereinafter “instant loan”). D.
On May 28, 2008, the Plaintiff entered into a limited probation guarantee contract with the Defendant, setting the loans of this case as the collateral guarantee limit of KRW 2,400,000,000 and the settlement term of accounts on July 31, 2008.
(hereinafter referred to as the “instant limited collateral guarantee contract”). The instant limited collateral guarantee contract contains parts of the transactional relation, which is the cause of the principal obligation, as public space.
At the time of entering into the instant limited collateral guarantee contract, the Plaintiff written “receiving” on the following question: “1. Bank Credit Transaction Basic Terms and Conditions, Trade Agreements, and this letter of credit guarantee that have been received clearly,” printed at the bottom of the instant agreement, and “2.”