beta
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. On April 28, 2006, the Defendant issued to Nonparty A Co., Ltd. (hereinafter “Nonindicted Company”) an export credit guarantee certificate with a limit of 250,000,000 won and the credit guarantee limit of 200,000,000 won, which guarantees (one-time guarantee) the debt continuously incurred within the scope of the credit guarantee limit and the guarantee period.
(hereinafter “instant export credit guarantee”). (b)
Before the issuance of the export credit guarantee certificate of this case, the Plaintiff entered into a credit transaction agreement with the non-party company with a credit guarantee amount of KRW 200,000,000,000 which was already issued by the Korea Credit Guarantee Fund on March 17, 2006 and with a credit guarantee amount of KRW 160,000,000 (hereinafter “the credit transaction agreement of this case”) and implemented all loans of KRW 200,00,000.
C. The Plaintiff extended the credit limit amount of KRW 450,00,000 to the loan limit of KRW 200,000 according to the letter of guarantee issued by the Defendant for the issuance of the Credit Guarantee Fund (the loan limit of KRW 200,000,000 according to the letter of guarantee issued by the Defendant), and additionally loaned the loan amount of KRW 24,10,000 to the non-party company on April 28, 2006, KRW 205,000, and KRW 28,000 on May 4, 2006, and KRW 10,000 on May 4, 2006, and KRW 4,100,000 on May 8, 2006, and KRW 7,000 on May 11, 2006.
Meanwhile, as the credit guarantee fund continues to extend the term of guarantee under a credit guarantee agreement concluded with the non-party company, the credit guarantee fund reduced the credit limit amount to KRW 180,00,000 on May 16, 2007, and as of November 19, 2015, the credit limit amount of the credit guarantee fund was reduced to KRW 152,00,000. The defendant extended the term of guarantee without changing the limit of loan under a credit guarantee agreement concluded with the non-party company. As of November 19, 2015, the credit limit amount of the credit transaction agreement concluded between the plaintiff and the non-party company as security is 402,00.