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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The facts below the basis facts may be found either in dispute between the parties or in Gap evidence 1 to 6 (including the number of each party; hereinafter the same shall apply), Eul evidence 1, 2 and 4, together with the whole purport of the pleadings.
1) The Plaintiff and D’s credit guarantee contract 1) concluded a credit guarantee contract between D and D with respect to loans to D and a new bank (hereinafter “each credit guarantee contract of this case”) (hereinafter “each credit guarantee contract of this case”), and the individual credit guarantee contract of this case is specified by the sequence below.
A) On December 21, 2006, the term of guarantee for the amount of the loan guaranteed by the financial institution from the date of the No.1 Credit Guarantee Agreement was changed as of December 21, 2006 to 408,000,000 Korean bank 70,000,000 KRW 560,000,000 for the new bank 2,187,000,000 on April 30, 2007.
B. The Plaintiff’s claim for indemnity against D, however, caused a guarantee accident for which D could not repay the above loan on November 1, 2014 (hereinafter “instant guarantee accident”), and the Plaintiff subrogated for KRW 411,24,69,870,727 to our bank on December 24, 2014 under each credit guarantee contract of this case, and on December 24, 2014, the Plaintiff subrogated for KRW 1,769,870,727 to the new bank. As of the date of the date of the closing of argument, the Plaintiff has a claim for indemnity amounting to KRW 2,181,115,396, total amount of subrogated payment, delay damages, and penalty, etc. as of the date of the closing of argument.
C. On October 22, 2014, Defendant B’s purchase of the instant real estate and the provisional registration made by Defendant A, D sold the instant real estate at KRW 450 million to Defendant B. Defendant B completed the registration of ownership transfer on October 24, 2014 by Taean District Court’s receipt of the Taean District Court’s receipt of the registration office. Defendant A made a promise on October 23, 2014 for sale and purchase of the said real estate on a half of the said real estate.