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1. The action shall be dismissed;
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On November 11, 201, the Plaintiff absorptioned and merged CFF (DB prior to the amendment: DF) with the Plaintiff. From May 20, 2003 to October 31, 2007, E was in office as the chief director of the instant new consultation, and served as the president from February 26, 2004 to October 31, 2007. The Defendant entered into a credit guarantee agreement with the instant new cooperation on May 21, 2003.
[Ground for recognition] Unsatisfy
2. The Plaintiff’s assertion E is liable for compensating the Plaintiff for damages incurred by the Plaintiff due to the Plaintiff’s intentional or negligent act as the chief executive officer of the instant new consultation or as the chief executive officer. In fact, even if granting a loan to F, the Plaintiff suffered damages by lending more than the F’s lending limit by making loan to F’s branch as the principal debtor in the form of form. The Defendant is liable for compensating the Plaintiff for damages incurred by E, a credit guarantee business operator of the instant new consultation, in total, KRW 140,04,127.
3. Determination as to the defendant's defense prior to the merits
A. Before filing the instant lawsuit, the Plaintiff filed a lawsuit against the Defendant on the basis of the same basic facts as the instant lawsuit and received a judgment in favor of the Defendant. The Defendant agreed to give up all civil claims against the Defendant, while paying the Plaintiff the amount of damages in accordance with the said judgment.
The lawsuit of this case is unlawful because it is contrary to the agreement on the lawsuit, and there is no benefit of protection of rights.
B. According to the purport of the evidence Nos. 1 and 2 as well as the entire arguments, the Plaintiff filed a lawsuit against the Defendant to compensate the Plaintiff for damages, etc. incurred by the Defendant, on the ground that the Plaintiff is a credit guarantee agent of E, based on the fact that the Plaintiff was a credit guarantee agent of E and the Defendant offered a loan to F in excess of the loan limit of the same person (hereinafter “instant transfer lawsuit”).