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1. The plaintiff's claim is dismissed.
2. The plaintiff shall bear the litigation costs.
Reasons
1. Facts of recognition;
A. The Defendant established a joint and several guarantee contract between the Plaintiff and the Defendant: (a) the Defendant issued a credit guarantee certificate for four loans that Nonparty B Co., Ltd. (hereinafter “Nonindicted Company”) received from Nonparty C Bank; and (b) the Plaintiff, along with Nonparty D and E, jointly and severally guaranteed all of the Defendant’s obligations under each credit guarantee agreement with respect to the Nonparty Company.
B. Along with the occurrence of a credit guarantee accident and the scope of claims for reimbursement, a non-party company was unable to repay a loan within a guarantee period after obtaining a loan from a bank by using a credit guarantee certificate issued by the Defendant as a collateral. Ultimately, around May 10, 2013, a credit guarantee accident due to bad credit standing occurred, and thus, did not repay a loan even though it has lost
Accordingly, the Defendant, upon receiving a claim from the bank for the performance of the guaranteed obligation, paid the amount of 1,129,275,671 won by subrogation for the loan of the non-party company and 2,061,813 won by subrogation, penalty of 377,260 won by totaling 1,131,714,744 won by subrogation, and damages for delay for this purpose. In this regard, the Defendant had a claim for reimbursement based on a joint and several surety against the non-party D including the Plaintiff and the non-party E.
C. On May 23, 2014, the judgment became final and conclusive on the claim for reimbursement and the judgment that the Defendant would pay the amount of reimbursement to Nonparty D and E, including the Plaintiff. On May 23, 2014, the above court rendered a judgment ordering Nonparty D and E to pay the amount of reimbursement to the Defendant.
(Seoul Central District Court 2014Kadan5067082). D.
On November 4, 2013, prior to the judgment on the aforementioned amount of reimbursement, the Plaintiff entered into a contract on the installment repayment of wage claims between the Plaintiff and the Defendant, under which the Defendant would pay a specified amount and the remainder would later be paid, and the purpose and main contents of the said contract are as follows.