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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. On March 21, 201, the Plaintiff concluded a credit guarantee agreement between C Co., Ltd. (hereinafter “C”) and the credit guarantee agreement set forth on March 20, 201 as the guaranteed amount of 80,000,000 won, the term of guarantee of 80,000 won, and the term of guarantee of 80,000,000 won on March 21, 2014, respectively, and the term of guarantee of March 21, 2015.
B. C loaned KRW 100 million each from the Switzerland Bank and Busan Bank Co., Ltd. (hereinafter “Usan Bank”), based on each of the above credit guarantee instruments, but did not pay interest on loans from November 2014, and caused a credit guarantee accident due to the due diligence.
C. Accordingly, on March 10, 2015, the Plaintiff: (a) subrogated 80,844,975 won to the Switzerland; (b) subrogated 81,380,601 won to the Busan Bank on March 13, 2015; and (c) filed a claim for reimbursement against C, etc. on May 15, 2015 with the Busan District Court Decision 2015Da21655; and (d) on July 7, 2015, “C, etc. jointly and severally with the Plaintiff for KRW 163,064,718 and KRW 81,380,60 among them, from March 13, 2015 to 80,844,975 won; and (c) on March 10, 2015 to 20% of the annual interest rate of KRW 25% from May 24, 2015 to 20% of the annual interest rate of KRW 15.
On the other hand, on October 20, 2014, the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with C by setting the lease deposit amount of about 35 million won (2 million won on the date of the contract, intermediate payment of KRW 18 million on October 29, 2014; the remainder of KRW 15 million on November 11, 2014; the lease agreement was concluded between November 11, 2014 and November 11, 2016, with respect to the lease deposit of about 35 million square meters (hereinafter “instant building”) among the real estate listed in the separate sheet owned by C (hereinafter “instant real estate”); and simultaneously with the instant move-in report of this case on November 13, 2014.