beta
Text
The plaintiff's primary and conjunctive claims are all dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. On December 30, 2015, the Plaintiff entered into a credit guarantee agreement with C Co., Ltd. (hereinafter “C”) and the guaranteed amount of 85,000,000,000 won (the subsequent change to KRW 76,50,000) and on December 30, 2016 (the subsequent extension to December 28, 2018), and the Plaintiff provided credit guarantee for the obligation to repay the principal and interest of loans to C Bank.
B. At the time of the above credit guarantee agreement, B jointly and severally guaranteed all obligations owed by C to the Plaintiff.
(c)
C did not repay the principal and interest of loans to the Industrial Bank of Korea, and on January 2, 2019, the Plaintiff repaid KRW 77,581,961 to the Industrial Bank of Korea in subrogation of C.
(d)
Meanwhile, on the other hand, the Defendant and B married on January 7, 1986, and on March 24, 2009, B leased D apartment and E (hereinafter “the instant rental housing”) from the Korea Land and Housing Corporation for the purpose of public construction of rental housing from Sungnam-gu, Sungnam-gu, Sungnam-si, the public rental housing, KRW 189,710,00, monthly rent of KRW 710,000, and the period from October 15, 2009 to October 31, 201, and the Defendant and B resided in the instant rental housing (hereinafter “the instant rental housing”).
E. Since then, the lease of this case was renewed on a two-year basis, and the lease of this case was renewed again in 2017, and the deposit of this case was increased by KRW 227,524,000.
F. While divorced on May 15, 2018, the Defendant and B agreed to change the name of the lessee of the instant lease from B, instead of leaving the instant rental house, the Defendant continued living in the instant rental house, and agreed to change the name of the lessee of the instant lease from B.
G. After October 5, 2018, the Defendant repaid KRW 172,884,568 of the loan principle that was granted by FF associations in order to create the instant lease deposit with the funds raised by the Defendant, and paid KRW 20 million to B at the expense of directors.
H. On October 15, 2018, B transferred the right to lease of this case’s lease (hereinafter “transfer of claim”) to the Defendant (hereinafter “transfer of claim”).