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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Facts of recognition;
A. On May 18, 2017, the Plaintiff entered into a credit guarantee contract with the Plaintiff C and B (hereinafter “Nonindicted Company”)
(1) The term “credit guarantee contract of this case” refers to a credit guarantee contract of this case under which a credit guarantee contract of this case is to provide a loan to D Banks with a term of 270,000,000 won and the term of credit guarantee from May 18, 2017 to May 17, 2018 (hereinafter “instant term of credit guarantee contract”).
(2) On the same day, the non-party company entered into a credit guarantee contract (hereinafter referred to as the "non-party 2 credit guarantee contract of this case") and borrowed KRW 300,000,000 from the D bank. On the other hand, B provided joint and several liability for indemnity against the plaintiff under the credit guarantee contract of this case on the same day. (2) On December 26, 2017, the plaintiff entered into a credit guarantee contract of this case with D bank with the term from December 26, 2017 to December 24, 2018 (hereinafter referred to as the "credit guarantee contract of this case"). The non-party 2 obtained a loan of KRW 50,000,000 from D bank after obtaining a credit guarantee certificate under the credit guarantee contract of this case on the same day.
B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation 1) around January 26, 2019 and around January 29, 2019, as a result, a credit guarantee accident under each of the instant credit guarantee agreements occurred as the non-party company did not pay the interest of the loan granted from D Bank, and around January 29, 2019, and D Bank notified the Plaintiff of each of the said credit guarantee accidents on February 25, 2019; 2) Accordingly, the Plaintiff repaid KRW 245,901,686 to D Bank on behalf of the non-party company on April 19, 2019 in subrogation of the non-party company, and KRW 45,713,835, respectively, by subrogation of the Plaintiff on May 31, 2019.
3. Meanwhile, while entering into the first credit guarantee contract with the Plaintiff, the non-party company agreed to pay the expenses required for the enforcement, preservation, exercise, and legal procedure of the claim. The purpose is to preserve the claim subrogated under the first credit guarantee contract of this case.