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1. Revocation of a joint and several guarantee agreement concluded on April 29, 201 between the Defendant and Nonparty B.
2. Seoul Southern District Court C, .
Reasons
1. Basic facts
A. On October 30, 2006, the Plaintiff Credit Guarantee Fund entered into a credit guarantee agreement with Nonparty E (hereinafter “E”) on the credit guarantee amount of KRW 200 million from the Industrial Bank of Korea as KRW 170,000,000 of the guaranteed principal, and the term of guarantee on October 29, 2007 (29,00,000,000,000). Nonparty F (E representative director), B (F spouse), and G (hereinafter collectively referred to as “B, etc.”), pursuant to the said credit guarantee agreement, the Plaintiff jointly and severally guaranteed the liability for indemnity to be borne by E against the Plaintiff Credit Guarantee Fund.
Afterward, E lost the benefit of the term of the above loan due to the credit guarantee accident on October 27, 2008, the plaintiff paid 173,004,668 won to the Industrial Bank of Korea on February 16, 2009, and filed a lawsuit against E and B, etc. as Seoul Central District Court Decision 2009Da143055, and filed a lawsuit for indemnity claim against E and B, etc. on June 25, 2009, "E and B, etc. jointly and severally, shall pay to the plaintiff 176,194,275 won, and the above judgment became final and conclusive.
B. On January 11, 2006, the Plaintiff Technology Credit Guarantee Fund of the Plaintiff Technology Credit Guarantee Fund concluded a credit guarantee agreement with respect to the amount of KRW 120 million to be financed by the Bank of Korea from the Bank of Korea as the guaranteed principal amount of KRW 96 million between E and January 11, 2007 (the subsequent change to January 9, 2009), and the credit guarantee agreement was concluded on January 11, 2007 (the subsequent change to January 9, 2009) and the said credit guarantee agreement was jointly and severally guaranteed by E to the Plaintiff Technology Credit Guarantee Fund.
Afterward, E, on October 30, 2008, caused a credit guarantee accident due to delinquency in repayment of loans, and the Plaintiff Technology Credit Guarantee Fund subrogated to the Industrial Bank of Korea 98,403,734 won on March 24, 2009, and filed a lawsuit against E and B, etc. with Seoul Central District Court 2009Da312189, and decided on October 29, 2009 that “E and B, etc. jointly and severally, shall pay to the Plaintiff 99,254,484 won and delay damages,” and the above judgment became final and conclusive.