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1. The plaintiff's lawsuit against the defendant B, C, and E shall be dismissed, respectively.
2. Defendant D shall pay to the Plaintiff KRW 101,429,402 and its amount.
Reasons
1. Fact-finding;
A. The Plaintiff is a housing reconstruction and rearrangement project association established to promote a reconstruction project for the land A apartment on the fourth parcel outside Seoul Gangnam-gu Seoul and four parcels (hereinafter “instant reconstruction project”). The Defendants are those who have divided the said A apartment.
B. Following the progress of the instant reconstruction project, the Defendants received loans from a new bank (hereinafter “new bank”) for moving expenses and part payments, and the Plaintiff jointly and severally guaranteed the Defendants’ respective loans to the new bank.
C. As the Defendants did not repay each of the above loans, the Plaintiff subrogated to a new bank as follows:
The amount of subrogation made by the Defendant on September 15, 201 (won) shall be 88,509,683 as interest on moving expenses loans on March 30, 201, the principal of the intermediate payment loans on March 15, 2012, 107,434,000 interest on the intermediate payment loans on March 30, 201, 201; 81,561,561,292; 117,614,000 interest on the intermediate payment loans on April 30, 2015; 204,865,776 in total; 101,429,75,429,400 part payments loans on September 15, 201; 201, 104,429, 401, 208, 305, 184, 205, 2015
D. After October 22, 2013, Defendant B filed an application for bankruptcy and exemption under the Suwon District Court 2013Hadan7175 and 2013Ha7175, Defendant B received the adjudication of bankruptcy on October 21, 2015, and the said decision of immunity became final and conclusive around that time upon receipt of the decision of immunity on February 11, 2015.
In addition, on July 8, 2014, Defendant C applied for bankruptcy and exemption under the Seoul Central District Court 2014Hadan6918, 2014Ma6918, and 2014Ma6918, Defendant C was declared bankrupt on September 29, 2014, and the decision to grant immunity was finalized on March 17, 2015, and the aforementioned decision to grant immunity became final and conclusive around that time. Defendant E also applied for bankruptcy and exemption under the Seoul Central District Court 2014Hadan8665, 2014, and 8665, Defendant E’s bankruptcy and exemption on August 28, 2014, and on October 27, 2014.