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1. The plaintiff's respective claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On March 17, 2016, the Plaintiff entered into a credit guarantee agreement with the non-party company E (hereinafter “non-party company”) upon the request of the credit guarantee of the non-party company E (hereinafter “non-party company”) and entered into a credit guarantee agreement with the non-party company with the non-party company under the joint and several guarantee agreement, and issued the credit guarantee certificate as follows to the non-party company, and provided the credit guarantee under the Regional Credit Guarantee Foundation Act with respect to the principal and interest to be borne by the non-party company by receiving a loan from the non-party
The term of guarantee principal guaranteed by the date of credit guarantee shall expire on March 17, 2016 G 20,000,000: 10% on March 11, 2020.
According to the credit guarantee agreement, the above credit guarantee agreement provides that the obligor under the above credit guarantee agreement shall pay the Plaintiff the amount paid by the Plaintiff for the performance of the guaranteed obligation and damages for delay at the rate determined by the Plaintiff from the date of subrogation to the date of repayment for the performance of the guaranteed obligation, ② the expenses paid by the Plaintiff for the performance of the guaranteed obligation, ③ the expenses paid by the Plaintiff for the preservation, transfer and exercise of the right acquired by the performance of the guaranteed obligation, ④ the expenses paid
C. The non-party company, who made a payment by subrogation, did not pay the above principal and interest of loan even though it has lost the benefit due to the above loan. Accordingly, on August 24, 2017, the Plaintiff paid 19,617,215 won to the non-party bank by subrogation and discharged the guaranteed obligation.
The plaintiff filed a lawsuit claiming the amount of indemnity and the final judgment thereof against Nonparty D as Seoul Central District Court Decision 2017Da7016184, and filed a lawsuit claiming the amount of indemnity on March 7, 2018, the court rendered a judgment that “foreign D shall pay to the plaintiff 19,304,817 won and 19,304,715 won among them, with 12% per annum from August 24, 2017 to February 2, 2018, and 15% per annum from the next day to the day of complete payment.”