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1. The plaintiff's claim is dismissed.
2. Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. On December 7, 1998, the Yangju Livestock Industry Cooperatives (hereinafter only referred to as the " Yangju Livestock Industry Cooperatives") filed an application for a loan of KRW 100 million with the Plaintiff and C (the Plaintiff's wife) as joint guarantor, and for a guarantee with the Korea Agricultural and Fishery Credit Guarantee Fund for farmers and fishermen. However, on the grounds that the Defendant, the managing agency of the Korea Agricultural and Fishery Credit Guarantee Fund, was in excess of B's debt, the two Korea Livestock Industry Cooperatives (hereinafter referred to as the "FF") rejected the application for a loan of KRW 50 million, the Defendant, as the managing agency of the Korea Agricultural and Fishery Credit Guarantee Fund, corrected the application amount for a loan of KRW 50 million,000,000,000 from the Defendant on December 11, 1998, issued a credit guarantee certificate (Guarantee Number D) with the Defendant on December 15, 1998, set the repayment period of KRW 50 million as interest rate of KRW 15% per annum, 20% per annum.
B. In accordance with a business entrustment agreement with the Yangju Livestock Cooperatives, the Defendant: (a) had the Plaintiff and C perform the duties of receiving and managing the application for guarantee through the Yangju Livestock Cooperatives; and (b) entered into a credit guarantee agreement with B as a joint and several surety; and (c) concluded a credit guarantee agreement with the Plaintiff and C as a joint and several surety; (b) according to the former part of Article 12(2) of the said agreement, a joint and several surety under a credit guarantee
(hereinafter referred to as this case's terms and conditions)
However, on March 10, 200, B transferred to E all the business entities, goodwill, machinery, and bonds of the trade name “F” that it had operated without paying the instant loan at the due date.
After all, on November 10, 200, the Yangju Livestock Cooperatives filed a lawsuit of loans, etc. against the plaintiff, B, and C by the Government Court of the Seoul District Court 2000dan54147, and won a favorable judgment from the above court on January 30, 2001. The judgment became final and conclusive around that time, and the plaintiff raised a objection against the Yangju Livestock Cooperatives on August 11, 2001.