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1. The claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On February 19, 2016, the Plaintiff entered into a credit guarantee agreement with B as between February 19, 2016 and KRW 17,000,000, and the credit guarantee period until March 17, 2021. (ii) B obtained a credit guarantee agreement from the Plaintiff and borrowed KRW 20,000,000 from C around March 2016, but lost the benefit of time on January 2018.
3) Accordingly, on May 28, 2018, the Plaintiff received an order to pay KRW 17,166,944 to C, and on August 3, 2018, the Plaintiff received an order to pay the Plaintiff 17,166,94 won per annum from May 28, 2018 to September 22, 2018, and the payment order was finalized on October 9, 2018, that “B shall pay to the Plaintiff 17,16,94 won and the amount calculated at the rate of 15% per annum from the next day to the date of full payment.” The payment order became final and conclusive on October 9, 2018 between the Defendant and B, as a trade name, D.
On June 27, 2017, corporation E was established and was working as representative director.
2) On October 31, 2017, the Defendant entered into a business agreement with E to the effect that the Defendant paid 40 million won as business bonds to the Defendant with respect to any of the intermediate points of E, one of which is the business offices of E, and that the Defendant paid 40 million won to E, operating the intermediate points, and that the Defendant paid 40 million won to the Defendant. Meanwhile, under the above business agreement, E agreed to return the business bonds paid by the Defendant within two weeks after the business closure, and B guaranteed E’s obligation to return the deposit. 3) The Defendant paid 40 million won to B’s personal account on October 31, 2017, between B and B as collateral for the claim to return the business bonds, and thereafter, between B and B, a mortgage agreement with respect to real estate listed in the attached list, which is the only real estate owned on November 1, 2017 (hereinafter “instant real estate”).