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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On January 21, 1993, the Korea Technology Credit Guarantee Fund concluded a credit guarantee agreement with C Co., Ltd. (hereinafter “Nonindicted Company”) and Nonparty Co., Ltd. with respect to the obligations of loans to the Peace Bank, and B (C’s wife, the representative director of the Nonparty Co., Ltd.), at the time of the said credit guarantee agreement, jointly and severally guaranteed all the obligations, such as indemnity obligations, to be borne by Nonparty Co., Ltd. against the Korea Technology Credit Guarantee Fund,
B. The Korea Technology Credit Guarantee Fund paid the principal and interest of loan to the Peace Bank on July 25, 1994 as the credit guarantee accident occurred due to the party branch on February 1, 1994. On July 16, 1999, the Korea Technology Credit Guarantee Fund received a favorable judgment from the above court on February 16, 2000 by filing a lawsuit for indemnity claim against the non-party company, B, etc. on July 16, 1999, Seoul Central District Court Decision 199Da171693 (the above court proceeded with the judgment by service on February 16, 200). The above judgment became final and conclusive on March 14, 200.
C. On June 1, 2010, the Korea Technology Credit Guarantee Fund filed a lawsuit against the non-party company and B, etc. for the extension of the statute of limitations on the claims based on the above judgment, and rendered a judgment from the above court that “the non-party company and B, etc. jointly and severally pay 63,210,50 won to the Korea Technology Credit Guarantee Fund and 31,284,322 won,” and the above judgment became final and conclusive on June 18, 2010.
On September 27, 2012, the Technology Credit Guarantee Fund transferred its claim for indemnity against the non-party company and B, etc. to the Plaintiff, and notified the non-party company, B, etc. of the transfer of the claim.
E. The real estate listed in the separate sheet (hereinafter “instant real estate”) was owned by E, and the Defendant on May 8, 2015, as to the shares of 1/2 of the instant real estate.