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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 June 15, 2007, the Plaintiff acquired the claim amounting to KRW 530 million, which is part of the money to be received from the Defendant’s representative director D and president E, from C (hereinafter “C”), and C representative director F notified the Defendant on the same day.
B. 1) On August 4, 200, the Plaintiff jointly and severally guaranteed C’s obligation when entering into a contract for guaranteeing a large amount of deposit for expenses for recovery of earth and stones in Seoul Guarantee Insurance Co., Ltd. and in forests. Since C did not perform its obligation for recovery of earth and stones, the Seoul Guarantee Insurance Co., Ltd. paid KRW 245,024,00 at the time when it is the insured, and the Plaintiff subrogated for KRW 214,01,80 to the Seoul Guarantee Insurance Co., Ltd. in subrogation of C as the guarantor. In addition, the Plaintiff lent KRW 217,80,000 to C, which is the shareholder of C, the Plaintiff, one of the instant shareholders, to the Plaintiff, filed a lawsuit against F as the Seoul Guarantee Insurance Co., Ltd., Ltd., Seoul District Court for the payment of the said amount and the loan debt.2) The said lawsuit became final and conclusive on January 2, 2009.
1. F shall pay to the Plaintiff KRW 300 million and the amount calculated by the rate of 15% per annum from April 1, 2009 to the date of full payment.
2. However, the method of payment under paragraph (1) has already been taken over by the Plaintiff against the Defendant on June 15, 2007, as the Plaintiff had already taken over the claim of KRW 530 million against the Defendant, the Plaintiff is entitled to preferential payment of the money under paragraph (1) through the claim of the acquisition amount against the Defendant.
3. The plaintiff can enforce compulsory execution under Paragraph 1 against the plaintiff (hereinafter referred to as "F") only when the plaintiff was found to have lost or has won part of the lawsuit claiming transfer money against the defendant, but the amount falls short of the amount under Paragraph 1.
4. If the Plaintiff is more than the amount set forth in paragraph 1 from the Defendant.