면책확인의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
The Plaintiff entered into a credit guarantee agreement with the Defendant four times from December 28, 1995 to July 3, 2001 as shown in the separate sheet, and provided each credit guarantee certificate issued by the Defendant as a collateral under each of the above credit guarantee agreements, and provided four times loans from the Defendant, but it was impossible to repay each of the above loans, and the Defendant paid all of the above loans by subrogation from November 29 to October 29, 2004.
On June 15, 2012, the Defendant’s list against the Plaintiff in the attached Form No. 2012j54 against the Cheongsong-gun District Court of Cheongsong-gun.
On June 21, 2012, the Plaintiff applied for a credit guarantee agreement and a credit guarantee payment order to seek reimbursement for a subrogated payment for a loan, and on June 21, 2012, the Plaintiff received an order to pay the Defendant 129,934,33 won and 54,92,38 won, at the rate of 20% per annum from the day following the delivery date of this payment order to the day of full payment. The above payment order was served on the Plaintiff at the Plaintiff’s residence on July 2, 2012, and became final and conclusive on July 17, 2012.
On March 31, 2017, the Defendant received a payment order (hereinafter “instant payment order”) stating that “The Plaintiff shall pay to the Defendant 447,313,116 won and 161,271,235 won per annum from March 31, 2017 to the delivery date of this payment order, 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” (hereinafter “instant payment order”). The instant payment order was served to the Plaintiff at the Plaintiff’s residence on April 5, 2017, and was finalized on April 20, 2017.
(hereinafter “instant claim”). Meanwhile, from May 2, 201 to January 10, 2019, the Defendant continued to pay to the Plaintiff each credit guarantee agreement and subrogated for the loan.