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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. At the request of the above B, the Plaintiff entered into a credit guarantee agreement with a national bank as follows, and issued a credit guarantee agreement to the national bank.
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B. Nonparty G guaranteed each of the joint and several liability obligations under the joint and several guarantee agreement for the Plaintiff in Annex B with respect to the details of the guarantee. Accordingly, Nonparty G obtained a loan from a national bank as shown below.
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C. After that, the Plaintiff made a payment by subrogation as follows according to the request for performance of guaranteed obligations by the national bank due to the current account of B:
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D. According to the credit guarantee agreement concluded between the Plaintiff and the Plaintiff under Article 35 and Article 35 of the Credit Guarantee Fund Act, when the Plaintiff fulfilled the guaranteed obligation, the Plaintiff is paid 18% per annum from the date of subrogation to May 31, 2005, and 15% per annum from the next day to the date of full payment.
E. According to Article 34 of the Credit Guarantee Fund Act and the credit guarantee agreement concluded between the Plaintiff and B, if the guaranteed person fails to perform his/her obligation within the term of guarantee, the penalty shall be paid. The details of penalty in this case are as follows.
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F. In order to preserve the claim for reimbursement against B, the legal procedure costs incurred by the Plaintiff up to now are KRW 2,814,970.
G. On June 10, 2009, the Plaintiff filed a lawsuit against B and G seeking the payment of the amount of indemnity, and sentenced on June 10, 2009 to the effect that “B and G jointly pay 101,655,135 won and 100,886,435 won to the Plaintiff jointly and severally and severally, from March 19, 2004 to May 31, 2005, 18% per annum; B from the next day to December 11, 2008, from March 26, 2009 to March 26, 2009, and from March 26, 2009 to 20% per annum.” The above judgment became final and conclusive at that time.
The plaintiff.