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The plaintiff's primary claim against the defendant B and the conjunctive claim against the defendants are all dismissed.
Reasons
1. Basic facts
A. On May 27, 2008, E loaned 380,000,000 won to F Co., Ltd. (hereinafter “F”) at maturity on May 27, 2009 and at the rate of 10% per annum. The representative director D of the above company jointly and severally guaranteed the above loans.
B. F and D failed to pay the above loans, and E transferred the above loans to F and D to G companies on June 26, 2013, and notified F and D of the transfer of claims.
C. A limited liability company G filed a lawsuit against F and D over KRW 30,00,000, which is a part of the above loan claims, against F and D, for the claim for the amount of money transferred at KRW 2013da26595,000. On October 11, 2013, the above court rendered a judgment that “F and D shall jointly and severally pay to F and D limited liability companies KRW 30,000,000 and the amount calculated at the rate of 20% per annum from May 28, 2009 to the date of full payment,” and the above judgment became final and conclusive as is.
The Plaintiff acquired the loan claims established by the foregoing judgment with respect to F and D by H Co., Ltd., in succession through H Co., Ltd., and subsequently issued a succession execution clause with respect to F and D. As of November 18, 2019, the Plaintiff’s loan claims based on the above judgment with respect to D were totaled KRW 92,868,852 (= Principal KRW 30,000,000 delay damages of KRW 62,868,852).
E. Defendant B is a person who was the wife of D due to the omission of the former wife I whose husband and wife was legally married with D.
F. On January 10, 2015, Defendant B entered into a sales contract with Defendant C to purchase real estate listed in the separate sheet owned by Defendant C (hereinafter “instant real estate”) at KRW 168,00,000,000, and completed the registration of ownership transfer as the receipt of the Gwangju District Court’s registration No. 27663, Feb. 5, 2015, after full payment of the purchase price to Defendant C.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2 to 4, Eul evidence 1 and 2 (including each number), the purport of the whole pleadings
2. The plaintiff's primary claim.