beta
Text
1. The plaintiff B's lawsuit shall be dismissed.
2. The plaintiff A's claim is dismissed.
3. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. Plaintiff A is one member of the D Association established by the owners of land outside the Gwanak-gu Seoul Special Metropolitan City and 27 parcels to remove the above land-based housing and newly construct and sell the apartment, and the Defendant is a contractor for the construction of the above land-based apartment.
B. On June 30, 2010 in the process of the above apartment construction, the D Union received a loan of KRW 1.236 million each from Samsung Mutual Savings Bank, Samsung Mutual Savings Bank, Inc., Ltd., Ltd. (hereinafter “Seong Savings Bank,” “Seong Savings Bank,” and in common, “the instant lender” (hereinafter “instant loan”). Some of the union members including Plaintiff A and the Defendant jointly and severally guaranteed the above loan obligations.
C. On June 30, 2010, Plaintiff A, D cooperatives, and some of the members of the instant lender made and issued to the instant lender a notarial deed as stated in the purport of the claim (hereinafter “instant promissory note notarial deed”) regarding promissory notes, which are payable at sight on the date of payment, (i) KRW 3.5 billion in face value, (ii) June 30, 2010.
Since then, D Union failed to repay the loan of this case, such as delayed payment of interest, the Defendant paid to Samsung Savings Bank KRW 1,280,085,471 and KRW 1,281,582,972,974 on September 30, 2010 by subrogation of KRW 2,561,668,445, respectively. The lender of this case transferred KRW 2,561,68,445, out of the bonds based on the notarial deed of this case to the Defendant under the notarial deed of this case (hereinafter “instant promissory note claim”), and notified the Defendant of the fact of the transfer of this transfer to the joint guarantor of the instant loan of this case including Plaintiff A. On December 26, 2011, the Defendant granted KRW 2,561,68,455, which was transferred as above.
(hereinafter “instant succession execution clause”). 【No dispute over the grounds for recognition” and each number of evidence Nos. 9 through 13 exists.