A. On January 2, 2008, the Plaintiff, on January 2, 2008, implemented a loan for the lease of housing for ordinary people with the debtor (Lessee), the defendant as joint and several sureties (Guarantee Limit 2,4570,000), and D as lessor and loan amounting to KRW 18.9 million.

(hereinafter “instant loan”). (b)

However, in fact, C did not actually rent a house from D, and prepared a false housing lease contract to obtain the loan of this case, and the defendant was aware of the above fact and participated in the above act in order to receive KRW 7 million, which is a part of the loan of this case.

C. On July 16, 2014, the Plaintiff filed a lawsuit against the Defendant for the repayment of the instant loan, and received a judgment in favor of the Plaintiff on July 16, 2014, that “The Defendant jointly and severally with C to the Plaintiff KRW 25,787,876 and KRW 18,900,000, the amount calculated at the rate of 8.5% per annum from January 22, 2014 to May 11, 2014, and 20% per annum from the next day to the date of full payment,” and the judgment became final and conclusive around that time.

(This Court Decision 2014Gaso43589, hereinafter referred to as “the judgment prior to the instant lawsuit”). 【No dispute exists concerning the ground for recognition, A 1 through 14 (including the case with a serial number), the purport of the entire pleadings.

2. Determination on the defense prior to the merits

A. With respect to the Plaintiff’s claim for damages equivalent to the amount of the loan of this case against the Defendant, the Defendant asserted that the Plaintiff obtained a final and conclusive judgment in favor of the Defendant in the previous suit of this case, and could selective claim for reimbursement of loans and damages from tort at that time, and whether the loan claims based on the judgment of the previous suit of this case are non-exempt claims can be contested in bankruptcy proceedings against the Defendant, etc. Therefore, the lawsuit of this case is without interest in legal action or constitutes abuse

B. A claim for repayment of loans under a loan transaction agreement and a claim for damages arising from fraud are different in the subject matter of a lawsuit.