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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. 【Evidence】 1 of the facts of recognition and the purport of whole pleadings;
A. The Defendant entered into a credit guarantee agreement with B on December 26, 2007 with respect to the loans from us bank, with the guarantee period of B and B on December 28, 2007, with the credit guarantee amount of KRW 425 million (50 million, the guarantee rate of KRW 85 million), and the Plaintiff jointly and severally guaranteed the obligation of indemnity against the Defendant in B. 2) The Defendant entered into a credit guarantee agreement with the Defendant on February 27, 2009 with respect to the loans from her corporate bank as the guarantee period of B and B on February 26, 2010, with the guarantee period of KRW 100 million (100%), and the Plaintiff entered into a joint and several guarantee agreement with the Defendant.
B. On November 3, 2011, B, the credit guarantee accident occurred as of January 3, 201, and the Defendant repaid KRW 1,332,780,836 of the principal and interest pursuant to the above credit guarantee agreement. 2) On February 22, 2012, the Defendant applied for a demand procedure against the Plaintiff and confirmed that “the Plaintiff was paid KRW 1,325,79,69,69, and KRW 426,38,271 of the Plaintiff’s total amount from December 8, 2011 to December 8, 2011, KRW 89,408,745 of the Plaintiff’s total amount of KRW 14% per annum from the next day to the delivery date of the original copy of the instant payment order, and KRW 20% per annum from the date of complete payment (hereinafter “the instant payment order”) to the date of complete payment (hereinafter “the instant amount”).
C. B’s rehabilitation decision and repayment plan 1) B was decided on December 5, 2011 (Seoul Central District Court 201 Gohap 165), and the repayment plan 676,156,478 won in principal, and 67,615,648 won in March 3, 2014, and 135,231,295 won in April 201, and 270,462,591 won in May 201, and 202,846,943 won in June 2017.
3B repaid the amount of installments from the third year to the fifth year.
2. A party’s assertion and objection.