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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Upon the request of Nonparty Co., Ltd. (hereinafter referred to as the “Non-Party Co., Ltd.”), the Plaintiff decided to provide a credit guarantee for a loan from a corporate bank, and issued the following credit guarantee certificates to the Non-Party Co., Ltd. under the Non-Party
on April 21, 2021, 201. 3, 200,300,000,000 2,970,000,000,000 for loan for facilities of small and medium enterprises on April 21, 201, 1D 1D 22, 3,000,000,00 for guaranteed loan for the guaranteed amount as of the date of guarantee;
B. Around the date of guarantee, Nonparty Company received 3.3 billion won and 500 million won from an enterprise bank, based on each of the above credit guarantee agreements, and Nonparty Company lost the benefit of each of the above loans on July 8, 2015. On August 21, 2015, the Plaintiff paid KRW 1,000,707,110 to an enterprise bank on behalf of Nonparty Company on behalf of Nonparty Company, and the Plaintiff is jointly and severally liable with Nonparty Company and C to recover some of them and pay the Plaintiff the amount of KRW 92,635,309 and delay damages.
C. On May 6, 2013, an enterprise bank concluded a contract to partially transfer the right to collateral security (hereinafter “instant contract to partially transfer the right to collateral security”) on August 21, 2015, on the security of the real estate owned by Nonparty C, the maximum debt amount of which is KRW 3.96 million, and the establishment registration of the right to collateral security (hereinafter “the right to collateral security”). On August 21, 2015, the Plaintiff concluded a contract to partially transfer the right to collateral security (hereinafter “the right to collateral security”), which is owned by the enterprise bank, on the ground of partial subrogation of the right to collateral security.
The Defendant acquired the instant collateral security right and the Plaintiff’s respective guaranty loan claims from an enterprise bank, and the real estate owned by Nonparty C was sold on January 8, 2016 upon the application of the Defendant and the auction was conducted on April 3, 2017 upon the decision to commence voluntary auction. The Plaintiff and the Defendant participated in the distribution procedure as respective collateral security holders.
E. The plaintiff.