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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Credit Guarantee Fund concluded a credit guarantee agreement with respect to the loans to the Bank, etc. of B and B eight times from June 1992 to September 1994, and the Defendant jointly and severally guaranteed the credit guarantee fund as to the claims for reimbursement under the credit guarantee agreement with the Credit Guarantee Fund.
However, the Credit Guarantee Fund paid a total of KRW 848,230,085 on behalf of the Bank, etc. from June 1995 to October 195, since the Bank, etc. was unable to repay loans at once to the Bank, etc.
B. Around February 1998, the Korea Credit Guarantee Fund filed a lawsuit against the defendant, B, etc. on the claim for reimbursement amount by the Seoul Central District Court 98Da53170, and rendered a favorable judgment on June 26, 1998. The judgment became final and conclusive around that time.
C. In order to extend the extinctive prescription of the above judgment claim, the Credit Guarantee Fund filed a lawsuit against the defendant, B, etc. on June 2008 with Seoul Central District Court 2008Kadan210316, and the above court rendered a judgment of October 2, 2008 that "The defendant, B, jointly and severally with the plaintiff, KRW 861,134,902, and KRW 642,554,022 were to be paid from October 9, 1995, KRW 103,679,201 as to KRW 103,679,201 from July 4, 1995, KRW 101,96,862 from June 13, 1995 to January 31, 199, and KRW 25 per annum from the day following each of them are to be paid."
(hereinafter referred to as the “instant claim”) against the Defendant. D.
On September 25, 2014, the Korea Credit Guarantee Fund transferred the instant bonds to the Plaintiff pursuant to Article 4 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Companies and the Establishment of Korea Asset Management Corporation, and notified the Defendant of the assignment of the bonds around
E. Meanwhile, on July 29, 2008, the defendant filed an application for adjudication of bankruptcy with the Seoul Central District Court Decision 2008Hadan23987, and on July 29, 2008, 2008Ha23987 with the same court.