1. The plaintiff's action against the defendant A shall be dismissed.

2. The plaintiff's claim against the defendant B is dismissed.

3...

1. Basic facts

A. (1) From May 20, 2013, Defendant A entered into a credit guarantee agreement with Defendant A with Nonparty D Co., Ltd. (hereinafter “D”) that operates a driving school using the English educational program developed by C University International Language Research Institutes, and operated a driving school with the trade name “FFFA” on the 2nd floor of Seoul, Nowon-gu, Seoul.

B. On July 1, 2016, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with Defendant A to guarantee the repayment of loans related to general loans for business operation, with the term “76,50,000 won (the guarantee rate of 85%) and the term of guarantee until July 4, 2017 (the extension to July 4, 2018 thereafter)” (hereinafter referred to as the “credit guarantee agreement”).

According to the credit guarantee agreement of this case, ① in the event that the Plaintiff subrogated for the guaranteed obligation to the non-party bank pursuant to the credit guarantee agreement of this case, the Plaintiff agreed to pay the amount of subrogation, damages for delay at the interest rate as determined by the Plaintiff from the payment date to the full payment date, ② additional guarantee fee from the day following the payment date of the guaranteed fee to the day before the termination date of the guarantee, ③ legal procedure expenses paid by the Plaintiff in order to execute or preserve the right by performing the guaranteed obligation. The agreed delay interest rate of the Plaintiff is 10% per annum up to the present.

B. On July 1, 2016, Defendant A borrowed KRW 90,000,00 from the non-party bank as a collateral a credit guarantee letter issued by the Plaintiff, and from February 6, 2018, the occurrence of the guarantee accident and the payment of the deposit occurred. Since February 6, 2018, the guarantee accident occurred, and the non-party bank requested the performance of the guaranteed obligation while the non-party bank notified of the credit guarantee accident, the Plaintiff filed a claim for the performance of the guaranteed obligation.