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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On August 4, 2003, the Plaintiff sold F apartment G (hereinafter “instant apartment”) that is scheduled to be newly built on the land of Jung-gu, Seocheon-gu, Seocheon-gu, Seoul (hereinafter “C”) and D reconstruction association (hereinafter “ reconstruction association”) in lots in KRW 71,593,200.
B. On September 8, 2003, the Housing Finance Credit Guarantee Fund (the Defendant’s comprehensive succession of rights and obligations as of March 1, 2004) concluded a housing finance credit guarantee agreement with the Plaintiff and the guaranteed principal to guarantee the payment of the principal and interest of the loan by setting the term of guarantee up to September 8, 2006 (hereinafter “instant credit guarantee agreement”). The Plaintiff agreed to reimburse the amount, damages, and incidental expenses when the said credit guarantee fund fulfilled the guarantee obligation.
C. On September 8, 2003, the Plaintiff received loans from H as security an intermediate payment of KRW 60 million. On March 14, 2005, a credit guarantee accident where the benefit of time is lost due to delay in repayment of principal and interest occurred.
Accordingly, on July 27, 2005, the Defendant performed the guaranteed obligation by subrogated the said bank with the total of KRW 53,769,066 (interest of KRW 51,300,000 on principal, KRW 2,075,000 on principal, KRW 394,060 on the basis of the credit guarantee agreement in this case).
E. On September 3, 2007, the Defendant filed an application with the Seoul Central District Court for a payment order against the Plaintiff on the claim for indemnity pursuant to the above subrogation, and received an order for payment order from the same court on October 2, 2007, ordering the payment of KRW 53,769,06 and its delay damages. The above payment order was finalized on October 24, 2007.
F. On September 29, 2017, the Defendant requested the Incheon District Court 2017Guj26195 to issue a payment order with respect to the claim for indemnity in order to suspend the prescription of the claim based on the above payment order finalized against the Plaintiff, and received a payment order from the same court on September 29, 2017.