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1. The plaintiff's primary claim against the defendant B is dismissed.
2. The Plaintiff:
A. Defendant A Co., Ltd. shall be 199,565.
Reasons
1. Basic facts
A. On May 10, 2016, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”) with the coverage period of KRW 200,000,000 as well as the guarantee period of May 9, 2019 (hereinafter “instant credit guarantee agreement”). On May 11, 2016, the Defendant Company borrowed KRW 200,000,000 as a collateral for the credit guarantee agreement issued by the Plaintiff from the Industrial Bank of Korea.
B. According to the instant credit guarantee agreement, when the Plaintiff fulfilled the guaranteed obligation, the Defendant Company agreed to pay to the Plaintiff the amount of the Plaintiff’s performance of the guaranteed obligation and damages for delay at the rate determined by the Plaintiff from the date of repayment of the guaranteed obligation to the date of repayment. The rate of damages for delay determined by the Plaintiff is ten percent per annum from February 1,
C. On November 1, 2018, the Industrial Bank of Korea notified the Plaintiff of the occurrence of the “credit guarantee accident (other accidents)” on October 30, 2018, and the Plaintiff subrogated the Industrial Bank of Korea amounting to KRW 201,014,608 on December 13, 2018.
After that, the Plaintiff recovered KRW 1,449,860 from the Defendant Company on the date of the above subrogation and recovered the amount of subrogation amount to KRW 199,564,748 (=201,014,608 - 1,449,860). The amount of finalized damages for the amount of subrogation is KRW 397.
Meanwhile, at the time of concluding the instant credit guarantee agreement as the representative director of the Defendant Company, Defendant B is “the transparent management performance agreement between the Plaintiff and the Plaintiff” as follows:
AB concluded the agreement.
In receiving a credit guarantee agreement under the indication of Article 1 from the plaintiff, the contract party promises to faithfully perform the obligation to manage the indication of Article 2 in order to manage the enterprise in a sound and transparent manner so that the enterprise can contribute to the development of the national economy instead of joint and several sureties. If the contract is violated, the obligation to guarantee the obligation under the indication of Article 1 is jointly and severally with the guarantee enterprise, and the guarantee obligation is guaranteed.