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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties' assertion
A. On February 28, 2009, the Plaintiff asserted that the Plaintiff lent KRW 70 million to C with the Defendant’s introduction on July 25, 2009 (hereinafter “instant loan”). The Defendant guaranteed the Plaintiff’s above loan obligation against the Plaintiff on the same day. Since the Plaintiff did not receive the above loan from C, the Defendant is obligated to pay the Plaintiff the above loan amounting to KRW 70 million as the guarantor and delay damages.
B. Defendant’s assertion 1) The obligee of the instant loan is not D, not the Plaintiff. 2) The Defendant, at D’s request, stated as the guarantor only formally without the intention to bear the actual guarantee obligation on the loan certificate (Evidence A A).
(i) 3 The defendant has already been granted a decision to grant bankruptcy immunity.
2. Determination
A. According to the evidence evidence No. 3 as to the creditor of the instant loan, D claims that the creditor of the instant loan is the creditor of the instant loan, and filed a lawsuit against C for the return of loan under the Busan District Court 2014Gahap201, and the judgment in favor of the Plaintiff was rendered on March 13, 2014, and the said judgment became final and conclusive around that time.
However, in light of the following circumstances, the Plaintiff, upon contact with the Defendant, appears to have directly paid the instant loan by transferring KRW 50 million from the Plaintiff’s account under the Plaintiff’s name to the account designated by C on February 13, 2009. The Plaintiff’s certificate of loan No. 1, which is a disposal document, stated the Plaintiff as the Plaintiff. In light of the fact that the Plaintiff’s creditor of the instant loan is indicated as the Plaintiff, it is reasonable to deem that the Plaintiff is the Plaintiff.
B. As to the Defendant’s exemption, the relevant legal doctrine and the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”)
section 2.2.