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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
Basic Facts
A. The Plaintiff (former C Co., Ltd.) is a company engaged in the slive area manufacturing business, etc., and the Defendant is a person who had a representative director of D Co., Ltd. (hereinafter “D”).
B. D borrowed KRW 600 million from the E bank on April 20, 2007. The Plaintiff completed the registration of creation of a mortgage over the land owned by the Plaintiff at the E bank, the debtor D and the maximum debt amount of KRW 1.235 billion, and the Defendant jointly and severally guaranteed the above D’s loan obligations.
C. The Plaintiff transferred KRW 100 million to the account in the name of D on May 2, 2007.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence No. 3, and judgment as to the ground of claim as a whole of the pleadings
A. The Plaintiff’s assertion: (a) lent KRW 100 million to the account in the name of D on May 2, 2007; (b) subrogated for KRW 18,030,821 to the E-bank’s interest liability; (c) subrogated for KRW 49,930 to the E-bank’s interest liability; and (d) subrogated for KRW 4,051,232 to the E-bank’s interest liability on January 21, 2008; (b) the Defendant, a joint guarantor of each of the above obligations of D, shall pay to the Plaintiff the sum of KRW 122,581,983 as well as damages for delay.
B. 1) Determination 10 million won was examined on May 2, 2007, and 100 million won was remitted from the account under the Plaintiff’s name to the account under the Plaintiff’s name on May 2, 2007. However, even if the above amount was either borrowed money or borrowed money, the evidence submitted by the Plaintiff alone is insufficient to acknowledge that the Defendant, the representative director, has jointly and severally guaranteed the Defendant’s above obligation. Therefore, the Plaintiff’s assertion on this part is without merit. 2) Comprehensively considering the overall purport of the pleadings in the statement in the evidence No. 3 of the Plaintiff’s statement as to the amount of subrogation for the interest obligation, the Plaintiff paid the interest obligation 15,530,821 won to the E bank from September 2, 2007 to December 12, 2007.