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1. The plaintiff's main claim is dismissed.
2.(a)
B’s performance of obligations against the Defendant on March 13, 2015, and June 15, 2015.
Reasons
1. Basic facts
A. (1) The Plaintiff and C (hereinafter “C”) enter into a credit guarantee agreement between the Plaintiff and C (hereinafter “C”) and C (hereinafter “C”) on February 15, 2013: (a) the guarantee principal is KRW 96,00,000; (b) the guarantee period is from February 15, 2013 to February 14, 2014; (c) February 11, 2014; and (d) the guarantee period of the said contract is extended by February 13, 2015 to February 12, 2016 (hereinafter “No. 1 guarantee agreement”).
(2) A credit guarantee agreement between February 11, 2015 and February 5, 2016 (hereinafter referred to as “second guarantee agreement”) which provides the guarantee principal as KRW 195,500,000, and the guarantee period from February 11, 2015 to February 5, 2016.
2) At the time of each guarantee agreement, B concluded a joint and several obligation for reimbursement against the Plaintiff.
3) According to each credit guarantee contract, upon the Plaintiff’s performance of the guaranteed obligation under the above contract, C is obliged to pay the Plaintiff the amount of subrogated payment and the damages for delay at the rate fixed by the Plaintiff from the date of subrogated to the date of full payment of the amount of indemnity obligation. 4) C provided the Korea Exchange Bank with a credit guarantee certificate issued by the Plaintiff under the first guarantee contract on February 20, 2013, and 230,000,000,000, respectively, after providing the Industrial Bank of Korea under the second guarantee contract issued by the Plaintiff under the second guarantee contract. However, on February 13, 2015, C extended the financial status and terminated on September 30, 2015.
5) On December 31, 2015, the Plaintiff subrogated the Bank for C with KRW 198,386,99 ( principal + KRW 195,50,000 + interest KRW 2,86,99) on behalf of the Bank; and KRW 97,727,715 ( principal + interest KRW 1,727,715 + interest KRW 1,727,715) on behalf of one bank merged with the Korea Exchange Bank on January 18, 2016 (= interest KRW 96,70,000 + interest KRW 1,727,715), out of the amount of subrogated under the first guarantee contract, the remaining amount of subrogated by subrogation is KRW 97,622,515 (=97,727,715 – KRW 1005,100); and the remaining amount of subrogated payment is recovered by recovering KRW 308,198,1988,988.