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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. The Defendant is a non-profit special corporation established pursuant to the Korea Technology Credit Guarantee Fund Act in order to contribute to the development of national economy by guaranteeing the liabilities owed by enterprises which lack security capacity to financial institutions and by making them smooth financing.
B. On November 22, 1996, the Defendant concluded a credit guarantee agreement and a joint and several surety agreement with the Plaintiff and D as joint and several surety, and issued a credit guarantee agreement, and the Nonparty Company submitted the said credit guarantee agreement and received a loan from the Bank. On May 25, 1998, when the guaranteed accident occurred due to delay in principal and interest, the Defendant subrogated for KRW 26,648,462 on December 10, 198 at the request of the Bank.
C. The defendant filed a lawsuit against the non-party company, the plaintiff, and D (hereinafter collectively referred to as "debtors") by 2003da140351, and the judgment was finalized. However, for the extension of the prescription period, the defendant again filed a lawsuit under this court 2013da519683, which became final and conclusive, and on November 21, 2013, the defendant was jointly and severally liable to the defendant for 27,478,842 won and 26,648,462 won among them, with 20% per annum from December 10, 1998 to February 29, 200; 18% per annum from the next day to September 13, 200; and 20% per annum from the next day to the next day to the date of full payment (hereinafter referred to as "the judgment of this case"). The defendant won the entire decision of this case."
On May 16, 2014, the Plaintiff was making it difficult for the Plaintiff to live after the bankruptcy of the non-party company, and is required to reduce the amount of debt due to lump-sum repayment
B. The Defendant accepted the request and paid 28,000,000 won out of the total amount of 107,857,707 won (the principal and interest of the instant judgment; hereinafter “instant judgment”).