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1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit shall be borne by each person;
Reasons
Basic Facts
Plaintiff
On April 27, 2017, the Gyeonggi Credit Guarantee Foundation entered into a credit guarantee agreement with Defendant A on April 27, 201, setting the credit guarantee principal as KRW 10,000,000, and the guarantee term as of April 27, 202. Defendant A received a loan of KRW 10,000,000 from the Bank as collateral on the same day.
According to the above credit guarantee agreement, when the Plaintiff’s Gyeonggi Credit Guarantee Foundation performs guaranteed obligations, the Defendant A shall pay the Plaintiff’s Gyeonggi Credit Guarantee Foundation the amount of subrogation and the amount of damages determined by the Plaintiff’s Gyeonggi Credit Guarantee Foundation from June 1, 2015 to January 31, 2018, 12% per annum from January 1, 2015 to January 31, 2018, and 10% per annum from February 1, 2018, and the legal procedure expenses, etc. spent to enforce or preserve the relevant rights.
Since then, there was a credit guarantee accident in which Defendant A lost the benefit of loans to C Bank.
Accordingly, on October 2, 2019, the Plaintiff Gyeonggi Credit Guarantee Foundation paid the principal and interest of KRW 7,842,356 to C Bank, and disbursed KRW 577,691 as legal procedure expenses. As to Defendant A, Defendant A had a claim for reimbursement amounting to KRW 8,420,047 (= KRW 7,842,356), which is the sum of the principal and interest of loans and the legal procedure expenses (= KRW 7,842,356), KRW 57,691 (hereinafter “claim for reimbursement”).
On December 27, 2018, Defendant A entered into the instant mortgage agreement with Defendant B, and on the same day, Defendant B completed the establishment registration of the instant mortgage on the instant real estate.
Defendant A was decided to commence the individual rehabilitation procedure on March 19, 2020, when the instant lawsuit was pending (U.S. District Court 2019 Congress 154309).
Plaintiff
The claim for reimbursement of this case by the Gyeonggi Credit Guarantee Foundation is included in the rehabilitation claim list of the above individual rehabilitation procedures.
This Court has decided to commence individual rehabilitation procedure against Defendant A and then filed a revocation suit against Defendant B among the instant lawsuits.