1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. (1) On July 2, 2012, the Plaintiff entered into a small loan guarantee contract (hereinafter “instant guarantee insurance contract”) with the term “the insured new bank, the insurance limit of KRW 33,00,000,000, and the insurance period from July 3, 2012 to July 2, 2013” to ensure the repayment of the principal and interest of the new bank B between the Plaintiff and B, and the Plaintiff was loaned KRW 30 million from the new bank based on the guarantee certificate for the issuance of the Plaintiff.

(2) According to the instant guarantee insurance contract, if the Plaintiff was to pay the insurance money to the insured as the Plaintiff did not discharge the obligation of the loan, B agreed to pay the above insurance money and the delayed interest rate applied by the Plaintiff.

(3) Since then, the Plaintiff paid KRW 30,560,178 to a new bank on June 28, 2013, as the grounds for the payment of insurance proceeds arise because B did not perform its obligations for loans to a new bank.

The Plaintiff filed a lawsuit against B with the Seoul Central District Court No. 2015Kadan41099, and was sentenced on August 20, 2015 to the effect that “B shall pay to the Plaintiff the amount of KRW 31,163,008 and KRW 30,560,178 among them, 15% per annum from September 27, 2013 to June 4, 2015, and 20% per annum from the next day to the date of full payment.” The above judgment was finalized on September 5, 2015.

B. (1) On the other hand, B and the Defendant enter into the instant sales contract between B and the Defendant on December 20, 2012, and B, between the Defendant, which is the Jeonnam (Divorce on May 15, 2006), sell the real estate listed in the separate sheet owned by B (hereinafter “instant real estate”) for KRW 300 million, and the down payment of KRW 30 million shall be paid at the time of the contract, and the balance of KRW 270 million shall be paid on December 24, 2012, and KRW 118 million and KRW 100 million and KRW 100 million shall be succeeded to by the Defendant.