beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Circumstances leading to the dispute of this case;
A. The Plaintiff’s claim for indemnity against B (1) The Plaintiff concluded a credit guarantee agreement with a credit guarantee agreement with a credit collection company (hereinafter “the parent bank”) on June 28, 2005, setting the term of guarantee on June 25, 2009; and 306,000,000 won for the guaranteed amount; (2) on May 17, 2006, the term of guarantee entered into a credit guarantee agreement with a credit guarantee agreement with a 136,000,000 won for the guaranteed amount; and (3) on April 16, 2007, the guaranteed amount entered into a credit guarantee agreement with a credit guarantee agreement with a 136,00,000 won for the guaranteed amount; and (4) concluded a credit guarantee agreement with a guarantee term on April 15, 2010; and issued a credit guarantee certificate with a contract with a 90,000,0000 won.
In addition, on June 26, 2008, the Plaintiff concluded a credit guarantee agreement with the term of guarantee on June 25, 2013 for a loan that the bank will borrow from a national bank, and issued a credit guarantee agreement with the amount of security deposit 2,69,200,000.
B has jointly and severally guaranteed the indemnity obligation to be collected in accordance with the above credit guarantee agreement and to be borne by the plaintiff.
(2) However, the collection bank failed to repay each of the above loans. On January 12, 2009, the Plaintiff paid 280,840,447 won under the credit guarantee, ② KRW 140,243,050 under the credit guarantee, ③ the above credit guarantee amount to KRW 831,321,419 won under the credit guarantee, and ④ the above credit guarantee amount to KRW 2,790,048,416 on January 15, 2009.
(3) On March 13, 2009, the Plaintiff filed a lawsuit against the Bank, B, etc. for the claim for reimbursement (Seoul Central District Court 2009Gahap28535). The above court rendered a judgment that “Isia, B, etc. shall jointly and severally pay to the Plaintiff KRW 3,99,934,471 and KRW 1,209,828,926 among them, from January 12, 2009 to August 15, 2009, KRW 15% per annum from January 15, 2009 to August 18, 2009; and KRW 20% per annum from the next day to the date of full payment.” The above judgment rendered a judgment on November 24, 2010.