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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
The Plaintiff’s claim for indemnity against A entered into each credit guarantee agreement with D Co., Ltd. (hereinafter “D”), as shown in the following table (hereinafter “each credit guarantee agreement of this case”), and D’s representative director A jointly and severally guaranteed each credit guarantee agreement of this case for D.
[Unit: (1) On September 22, 2016, the credit guarantee institution 1 E 1 E 170,000,000,000 for the loan subject subject on the guarantee date of the guarantee date of the guarantee amount: (2) F 160,000,000,000 general funds Busan Bank on April 29, 2015; (3) on April 29, 2020, 200, D was granted a loan of KRW 40,000,000 from the Busan Bank on September 22, 2014 and April 29, 2015.
D Around November 22, 2015, around December 22, 2015, the Plaintiff lost the interest of the principal and interest of the loan as of December 2, 2015. Under the credit guarantee agreement of this case, the Plaintiff subrogated to the Busan Bank for KRW 313,802,591 (= principal interest of KRW 311,192,00) on February 4, 2016.
The Plaintiff filed a payment order with D and A to seek the payment of the above amount of reimbursement, with the purport that “D and D shall jointly and severally pay to the Plaintiff 306,216,495 won and 306,214,001 won per annum until the delivery date of the original copy of the instant payment order, and 12% per annum from the next day to the date of full payment, and 15% per annum from the next day to the date of full payment.” The payment order was finalized on March 29, 2016.
(2) The Plaintiff’s claim based on the above payment order (hereinafter “instant claim for reimbursement”). A contract to establish a right to collateral security between the Defendant and A, on November 4, 2015, entered into a mortgage contract with the Defendant as to each of the real estates listed in the attached Tables 1 and 2 (hereinafter “instant real estates 1 and 2”) and “G” with the Defendant Company G (hereinafter “G”).