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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 January 16, 2002, the Plaintiff received a loan of KRW 18,600,000 from the Defendant as security a credit guarantee letter issued pursuant to a credit guarantee agreement concluded with a D organization (hereinafter “D organization”).
B. On May 24, 2005, the D organization that the Plaintiff did not pay the above money, paid the Defendant the amount of KRW 14,539,073, which is the balance of the above loan, and filed a lawsuit against the Plaintiff for the claim for reimbursement.
(2) On September 28, 2006, the Seoul District Court rendered a judgment that "The plaintiff shall pay to D Organizations 14,539,073 won and the interest rate of 15% per annum from May 24, 2005 to the date of full payment."
The judgment of indemnity became final and conclusive around that time.
C. Around 2013, D organization applied for a compulsory auction on the Plaintiff’s real estate based on the above judgment of indemnity, but withdrawn the application on September 24, 2013 after receiving KRW 12,000,000 from the Plaintiff as partial repayment.
In 2015, D organization applied for compulsory auction again to the real estate owned by the plaintiff according to the above judgment of indemnity.
[Ground of recognition] Facts without dispute, Gap 6, 8, 11 through 13 (including paper numbers) and the purport of the whole pleadings
2. The defendant asserted that the plaintiff's claim was based on the above loan amounting to KRW 5,00,000 and KRW 10,000,000, which the plaintiff paid to the defendant on October 16, 201.
However, this is that the Defendant, under the name of the Plaintiff, forged and used 18,60,000 won of the loan agreement, 18,600,000 won, 10,302,465 won, and 5,151,232 of each deposit slip in the name of the Plaintiff, and then withdrawn and used 18,60,000 won of the loan without the Plaintiff’s permission.
(hereinafter “instant illegal act.” At the request of D organization, which is a credit guarantee agent for the instant illegal act, the decision of provisional seizure of real estate and the decision of commencement of compulsory execution of real estate as to the real estate owned by the Plaintiff was made, the Plaintiff each of the above.