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1. The plaintiff's lawsuit against defendant glycerium corporation shall be dismissed;
2. Defendant A is charged with KRW 462,407,494.
Reasons
1. Basic facts
A. The plaintiff, on June 21, 1997, entered into a credit guarantee agreement between the defendant company and the defendant company with the credit guarantee principal of KRW 300,00,000,000, and the credit guarantee period from June 21, 1997 to June 21, 1998. The plaintiff, on the same day, issued to the non-party bank a credit guarantee agreement with the guarantee number B, principal of the guarantee principal of KRW 300,00,000, and the guarantee period of June 21, 1998 (the change to June 21, 1999) to the non-party bank, and the defendant company obtained a loan equivalent to the above amount from the non-party bank.
B. According to the above credit guarantee agreement between the plaintiff and the defendant company, when the plaintiff performed the above guaranteed obligation, the defendant company pays to the plaintiff the amount of subrogation, damages for delay calculated by the rate of damages determined by the plaintiff from the payment date of subrogation to the full payment date, additional guarantee fees, and legal procedure expenses incurred in the execution and preservation of the claim for indemnity arising from the performance of guaranteed obligation. The rate of damages determined by the plaintiff is 20% per annum from March 22, 1999 to February 29, 2000, 18% per annum from the next day to April 16, 2003, 16% per annum from the next day to November 30, 2012, and 12% per annum from the next day.
C. Defendant A, under the above credit guarantee agreement between the Plaintiff and the Defendant Company, jointly and severally guaranteed all obligations owed by the Defendant Company to the Plaintiff.
However, even though a credit guarantee accident that has lost the benefit due to default on November 21, 1998 with respect to the above loan by the Plaintiff’s guarantee occurred, the Defendant Company failed to repay it. On March 22, 1999, the Plaintiff paid to Nonparty Bank KRW 313,703,424 on behalf of Nonparty Bank and performed its guaranteed obligation.
E. Meanwhile, on October 5, 1999, the Suwon District Court composition procedure commenced on October 5, 199 against the defendant company and started on December 11 of the same year.