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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. C Co., Ltd. (hereinafter “C”) which is a company implementing B business (hereinafter “C”) obtained a loan of KRW 631,628,00,000,000,000 from the Es Savings Bank (hereinafter “Es Savings Bank”) in total, from April 20, 2005 to September 16, 201, with 134 persons, including 133 persons, who borrowed their names, as the borrower, in order to avoid the lending limit to C and C.
(B) The money paid to C pursuant to the above loan is “the instant loan” and the bonds held by AS Savings Bank according to the above loan are “the instant loan bonds.”
On September 26, 2012, ES Savings Bank was declared bankrupt by the Incheon District Court 2012Hahap9, and the plaintiff was appointed as the trustee in bankruptcy of ES Savings Bank on the same day.
On March 22, 2016, the Plaintiff filed a lawsuit seeking return of unjust enrichment against E in subrogation of C (Seoul Central District Court 2016Gahap515358) by asserting that “D, a private owner of the instant loan, delivered KRW 1,384,805,840 out of the instant loan to E and embezzled it.”
C. Meanwhile, E has jointly and severally guaranteed the obligation under the performance guarantee insurance contract that the Defendant bears against Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance”) (hereinafter “Seoul Guarantee Insurance”), and the Seoul Guarantee Insurance Co., Ltd. shall pay insurance money of KRW 2,269,287,100 to the Korea Rural Community Corporation on January 31, 2012 as the occurrence of the insured event stipulated in the performance guarantee insurance contract, and filed a lawsuit against E and the Defendant seeking reimbursement of damages for indemnity and delay damages equivalent to the above insurance money (Seoul District Court 2013Gahap2364, Nov. 5, 2013), and the said judgment became final and conclusive around that time.
The Seoul Guarantee Insurance was in progress for the apartment located in Songpa-gu Seoul Metropolitan Government F.