대위변제금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The gist of the Plaintiff’s assertion was that the Defendant borrowed KRW 85 million from Nonparty C and repaid the remainder of KRW 35 million. The Plaintiff borrowed KRW 35 million from Nonparty D and repaid KRW 35 million on December 31, 2013 to the Defendant’s repayment of KRW 35 million out of the Defendant’s debt owed to Nonparty C, which is the partner of Nonparty C, on behalf of Nonparty D, and thus, the Defendant is obliged to pay the Plaintiff the amount of KRW 35 million and delay damages therefrom.
2. Determination
A. On September 26, 2013, the Defendant borrowed KRW 80 million out of the purchase fund from C when purchasing F land at Samcheon-si, and C, around November 2013, notified the Defendant of the assignment of the claim around May 2014. (2) G filed a lawsuit against the Defendant for the claim for acquisition of the credit amount of KRW 35 million with the loan of KRW 35 million from D and the loan of KRW 80 million with KRW 80 million with the Defendant and notified the Defendant of the assignment of the credit amount of KRW 80 million with the Defendant around May 2014. (2) G, around 2014, filed a lawsuit against the Defendant for the claim for acquisition of the credit amount of KRW 35 million with the Defendant’s debt of KRW 35 million with the loan of KRW 35 million with the Defendant’s debt of KRW 35 million with the Defendant’s credit limit of KRW 70 million with the Defendant’s credit limit of KRW 305 million with the Defendant’s debt of KRW 3050 million with the Defendant’s credit limit of KRW 36165 million.
3. On the other hand, the Director General of NFC sent a reply that "D on December 31, 2013, with respect to the repayment of loans to E, and KRW 41,743,856, and KRW 36,256,144, in lieu of the transferee of HH industry," during the said lawsuit.