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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 August 9, 2005, B Co., Ltd. (hereinafter “B”) lent KRW 85,000,000 to the Plaintiff with the name of a housing loan at an interest rate of 6.25% per annum, and the loan period of 10 years (hereinafter “claim of this case”). On August 19, 2005, in order to secure the claim for the loan of this case, the establishment registration of a mortgage of KRW 102,00,000 for maximum debt amount (hereinafter “mortgage of this case”) was completed with respect to the claim for the loan of this case.
B. Meanwhile, according to the mortgage securitization plan with B, the defendant entered into an entrustment contract and a housing bond transfer contract to be entrusted with the business of rights, operation, disposal, etc. of the mortgage. Accordingly, the loan bonds of this case and the mortgage of this case were transferred to the defendant according to the above mortgage securitization contract.
C. On May 16, 2008, the Plaintiff delayed the payment of interest, resulting in the commencement of the voluntary auction procedure (this court E) based on the instant right to collateral security, and on May 16, 2008, the Defendant received only KRW 102,00,000, equivalent to the maximum debt amount of the instant right to collateral security among KRW 111,457,684.
On June 17, 2008, the Defendant received KRW 12,597,004 from B to the Plaintiff, and subsequently filed a lawsuit seeking the payment of KRW 12,597,04 and legal procedure expenses from the Plaintiff (hereinafter “instant lawsuit”) against the Plaintiff on January 19, 201, seeking reimbursement of KRW 12,597,04 and KRW 227,730 from the Plaintiff (hereinafter “instant lawsuit”).
E. On June 29, 2011, the court of first instance rendered a judgment that accepted the Defendant’s claim on June 29, 201 (hereinafter “instant judgment”) by serving a duplicate of the complaint against the Plaintiff and the notice of the date of pleading by public notice, and subsequently served the Plaintiff with the original copy of the judgment served by public notice. As such, the date of service was served on the Plaintiff by public notice.