1. The plaintiff's claim is dismissed.

2. With respect to cases where this Court applies for the suspension of compulsory execution No. 2016 Chicago712, November 2016

1. Basic facts

A. On February 8, 2010, the Defendant offered a housing finance credit guarantee certificate (the guaranteed principal of KRW 18,000,000) issued by the Korea Housing Finance Corporation as security, and loaned KRW 20,000,000 to the Plaintiff (hereinafter “instant loan”).

B. As the Plaintiff failed to repay the above loan, the Defendant filed a claim for subrogation with the Korea Housing Finance Corporation in accordance with the credit guarantee certificate.

On January 18, 2013, the above Corporation subrogated 18,707,747 won, including the Defendant’s principal of KRW 18,00,00,000, interest and legal procedural costs, total of KRW 707,747.

C. Around January 20, 2015, the Plaintiff repaid KRW 20,600,000 to the Korea Housing Finance Corporation, and the said Corporation prepared a complete certificate to the effect that the Plaintiff’s debt to the said Corporation was fully repaid and delivered to the Plaintiff.

The Defendant filed an application against the Plaintiff for a payment order (Seoul Central District Court 2014Da274569) seeking payment of the portion of the instant loan (Seoul Central District Court 2014Da274569). After the Plaintiff’s objection to the said payment order (Seoul Central District Court 2015Dada512459) and the pleading was concluded on July 22, 2015, “the Defendant (referring to the Plaintiff in this case)” was declared final and conclusive on July 2, 2015, to pay to the Plaintiff (referring to the Defendant in this case) 1,703,335 won and 1,384,721 won, which was calculated at the rate of 17% per annum from November 27, 2014 to the day of full payment (hereinafter “instant judgment”).

[Reasons for Recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 to 3 evidence (including branch numbers), the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff, on January 20, 2015, paid all of the instant loans to the Korea Housing Finance Corporation by paying all of its obligations to the Korea Housing Finance Corporation. Therefore, compulsory execution based on the instant judgment shall be denied.

B. As to the claim established by the judgment by the obligor.