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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. A. The Defendant entered into a credit guarantee agreement and loan 1) with A. On January 8, 2003, the Defendant entered into a credit guarantee agreement and issued to A one year from the date of loan to A, general loan of loan subjects, general loan amounting to 15,00,000 won, guarantee rate of 90%. 2) The Plaintiff submitted the credit guarantee agreement issued by A as security by the Defendant on January 9, 2003, and submitted 15,00,000 won to A as a loan term until January 9, 2014;
The loan was made at the interest rate of 11% per annum (hereinafter “the loan 1”). On the same day, the loan 15,000,000 won was deposited in A’s deposit account (Account Number B).
3) On January 9, 2003, A deposited KRW 15,050,00 from the above deposit account. On January 10, 2003, A collected other loans to the Plaintiff on January 10, 2003, one of the following day (hereinafter “other loans of this case”).
4) After deposit of KRW 4,00,000 in an account (C) and repayment of part of the obligation of the above loan was made by A. 4), the Plaintiff, on June 12, 2007, filed a claim against the Defendant for a security deposit with the notice of occurrence of a credit guarantee accident on June 12, 2007. On August 31, 2007, the Defendant applied the guarantee rate to the Plaintiff on the ground that the amount of KRW 4,00,000 out of the instant loan was appropriated for repayment of the existing loan, and the amount of KRW 4,163,058 [the principal = KRW 4,00,000 and the amount of KRW 563,058] was exempted and paid to the Plaintiff.
B. A credit guarantee agreement and loan 1) between D and D entered into a credit guarantee agreement with D, and on October 28, 2002, the Defendant issued D a credit guarantee agreement with D as to two years from the date of the loan, general loan of the loan, the guaranteed amount of 25,000,000 won. 2) The Plaintiff received the letter of credit guarantee issued by D on October 28, 2002 from D as security, and borrowed 25,000,000 won to D (hereinafter “the second loan of this case”) and on the same day (Account Number E) with D deposit account.