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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. The Plaintiff is a guarantee company that entered into a credit guarantee agreement as follows with B, and the Defendant is a local corporation located in Korea in Vibro Melen A, a German medical device company, which supplies various medical devices and medicines, and a company that entered into a mortgage agreement with B, which is a fraudulent act of the Plaintiff’s assertion, between B and B, who was supplied with the medical devices and medicines from June 19, 2006 to “C”.
B. As between B and March 12, 2009, the Plaintiff entered into a credit guarantee agreement with B as of March 12, 2009 with the guaranteed principal as of March 12, 2009 and March 11, 2010 in order to guarantee the repayment obligation of loans to be loaned from our bank. Since then, on February 27, 2013, the term of the credit guarantee agreement as of February 27, 2013 extended the term of the credit guarantee agreement as of October 31, 2014, and reduced the guaranteed principal amount to KRW 256,00,000 (hereinafter “instant credit guarantee agreement”).
B Pursuant to the first credit guarantee agreement of this case on March 12, 2009, 300,000 won was loaned from the bank.
C. As between B and B on February 27, 2013, the Plaintiff entered into a credit guarantee agreement with B as to the guaranteed principal of KRW 99,00,000, and the guarantee period from February 27, 2013 to February 26, 2018 (hereinafter “instant credit guarantee agreement”).
B On February 28, 2013, pursuant to the second credit guarantee agreement of this case, 110,000,000 won was loaned from our bank.
According to Article 6 (1) 4 of the Credit Guarantee Agreement of this case, the principal bears the obligation to repay in advance to the Plaintiff when “The information on subrogation payment by subrogation (including the above related information), the information on the financial order column, the information on the public record, and the time when the grounds for registration of the public record information have occurred to B,” under the Credit Information Management Rules of the Korea Federation of Banks.