beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. D. E Co., Ltd. (hereinafter “E”), the Plaintiff’s representative director, and the Defendant drafted a written agreement performance note (Evidence A 3; hereinafter “instant performance note”) on November 24, 2016, and the Plaintiff signed and sealed the instant performance note as a joint and several surety of E.
B. The main contents of the instant performance letter are ① a new representative director appointed by the Defendant to F Co., Ltd. with the representative director (hereinafter “F”), and a part of the loan of 3.8 billion won in the name of F as security, and the remainder of 1.3 billion won shall be paid to the Defendant, etc.; ② E uses the above KRW 1.3 billion for the purpose of attracting Bank Guante (B/G) of a foreign bank (the remainder after the use for the above purpose) and B/G as security, and provides the Defendant with the above loan of 10 billion won in the won loan of 10 billion won in the name of the foreign bank (the balance after the use for the above purpose) and the above loan of 1.3 billion won in the name of F, and ③ the Defendant withdraws from the representative director of the F and takes measures to enable D to use the above loan as security.
(See Section 2., 3., 4., 6., 7.) C.
Meanwhile, apart from the above contents, Section 5. and 9. of the instant letter of performance was stipulated as follows.
5. In addition, Eul (E) has agreed that Byung (referring to the defendant) will bear the amount of investment and loss (including the amount of trade loss) agreed upon between the parties in the statement of the implementation of this case in order to compensate for the amount of the existing investment (including the amount of trade loss) from the date of its establishment to the date of its establishment. The time of payment is agreed upon by Eul to attract B/G from a foreign bank and pay to Byung (hereinafter referred to as "H bank") at the time of receiving the Korean won loan from a H bank, and at the time of conclusion of this letter of agreement, Eul will issue a promissory note separately to Byung.
9. Within a week after the arrangement, Eul shall be deemed unable to establish the Korean won loan by B/G and by B/G to the H Bank and the parties concerned.