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1. The plaintiff's claim against the defendant (appointed party) is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination on the cause of the claim
(a) Any of the following facts may be acknowledged either as a dispute between the parties or as a whole by taking into account the respective descriptions and arguments in Gap 1 to 6-9:
1) The Plaintiff between the network F and the network F, and the network F is a national bank (hereinafter “foreign bank”).
(3) The Housing Finance Credit Guarantee Agreement (hereinafter “the Guarantee Agreement”) provides that (a) if the Plaintiff performed the guaranteed obligation on behalf of the netF on behalf of the Plaintiff, the netF shall provide that ① the payment made by the Plaintiff for the performance of the guaranteed obligation by subrogation, the interest rate on delay by the financial institution or the damages for delay by the rate of damages prescribed by the Plaintiff; (b) the additional guarantee fee calculated by adding the applicable rate of the guaranteed fee from the day following the expiration date of the due date of payment to the day preceding the date of payment by the due date of payment; and (c) the payment of the guaranteed obligation by the Plaintiff for the performance of the guaranteed obligation to all incidental obligations, such as legal procedure costs, etc.
(2) On May 23, 2002, the Plaintiff entered into a guarantee agreement and issued an electronic guarantee of KRW 40,400,000 with the guarantee amount of KRW 110,00,000 for the principal and interest obligation of KRW 110,00,000 for the general housing loan to be borrowed by the networkF upon entrustment of the business of the Housing Finance Credit Guarantee Fund under Article 14 of the Housing Stabilization Act and Article 22 of the Enforcement Decree of the same Act. On May 23, 2002, the insuredF obtained a general housing loan of KRW 110,00,000 from the bank as the security of the said guarantee amount. (2) On June 4, 2004, the Plaintiff lost the interest of the above loan due to this natural body on June 4, 2004, and on behalf of subrogation, the Plaintiff repaid the netF to Nonparty Bank on July 26, 2006.
3 The guarantee fee under the relevant law for the instant guarantee agreement is KRW 376,540 as follows.
(1) 364,590 won =