Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On December 19, 2005, the Plaintiff entered into a credit guarantee agreement between C and C with a view to securing the repayment of the principal and interest of a loan granted by us bank (hereinafter “foreign bank”), up to December 18, 2006, the credit guarantee limit of 21,250,000 won, and the guarantee term of 18, 2006. In the event that the Plaintiff is liable for a guarantee, C and C are liable to compensate the Plaintiff for the amount of subrogated payment and the delayed payment in accordance with the interest rate set by the Plaintiff within the limit of 25% per annum as stipulated in Article 28 of the Regional Credit Guarantee Foundation Act from the date of subrogation, and the legal procedure and expenses disbursed by the Plaintiff to compensate for the amount of indemnity (hereinafter “the credit guarantee agreement in this case”). B jointly and severally guaranteed the Plaintiff’s liability for indemnity under the said credit guarantee agreement against the Plaintiff.
B. C submitted a guarantee issued pursuant to the credit guarantee agreement of this case on December 19, 2005, and received a loan from the non-party bank to repay KRW 25,000,000 as a general loan for business operation by December 18, 2006.
C. C around December 6, 2006, after issuing a notice of change of the terms and conditions of credit guarantee from the Plaintiff to December 18, 2007, submitted it to the non-party bank, and was extended by December 18, 2007.
On December 18, 2007, the repayment period of the above loan was determined by the non-party bank, and the non-party bank did not repay the above loan debt, and notified the plaintiff that the credit guarantee accident occurred. On June 18, 2008, the plaintiff subrogated the loan amount of KRW 22,106,904 to the non-party bank.
E. On September 4, 2012, the Plaintiff filed a lawsuit against C and B for the claim for reimbursement amount under the Seoul Central District Court 2012Da5101421, and received the following judgment. The Plaintiff filed an appeal, but received the judgment dismissing the appeal, which became final and conclusive on January 23, 2013 with respect to C and September 24, 2013 with respect to B.
C and B shall be jointly and severally.