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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Upon entering into a credit guarantee agreement with Samwon Trade Co., Ltd. (hereinafter “Nonindicted Trade Co., Ltd.”), the Plaintiff jointly and severally guaranteed the non-party company’s liability for indemnity against the Plaintiff, and then filed a lawsuit for indemnity claim against the amount subrogated to the Bank of Peace Co., Ltd. by this court. On July 23, 2004, the judgment was rendered on July 23, 2004 that “A shall pay to the Plaintiff 18% per annum from June 9, 199 to July 6, 2004, the amount calculated at a rate of 20% per annum from July 7, 2004 to the date of full payment.” The above judgment became final and conclusive on August 11, 2004.
B. After the above judgment, the Plaintiff recovered KRW 3,401,395 and appropriated it for the above claim against A. As a result, the remaining amount of subrogated payment was KRW 28,074,358. The fixed damages for delay from the date of subrogation to the date of recovery are KRW 5,743,355 in total.
In addition, the balance of the legal procedure cost incurred by the plaintiff for the execution, preservation and exercise of the above indemnity claim reaches KRW 1,808,360 at present.
Therefore, the amount of claims for indemnity against the Plaintiff is KRW 18,180,067 as of August 20, 2014 (i.e., remaining amount of KRW 28,074,358 + fixed delay damages + KRW 5,743,355 + total damages for delay up to August 20, 2014 based on the above ruling + KRW 82,553,994 + legal procedure costs + KRW 1,808,360) and the remaining amount of subrogated payment of KRW 28,074,358 calculated at the rate of 20% per annum from August 21, 2014 to the date of full payment.
C. On December 24, 2013, A entered into a mortgage agreement with Defendant 1 (hereinafter “Defendant 1”) with respect to the real estate set forth in paragraph (1) of the attached Table No. 1 (hereinafter “instant real estate”). On the same day, A entered into a mortgage agreement with the debtor, Defendant 1, and the maximum debt amount of KRW 100 million (hereinafter “instant one mortgage agreement”) with regard to the real estate set forth in the attached Table No. 1 (hereinafter “instant real estate”). As to the same day, A claimed as to Defendant 1.