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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff’s cause of claim (1) was the Plaintiff and the Defendant living together from around 2006 to completed the marriage report on March 6, 2009. However, on July 30, 2015, the Defendant filed a lawsuit for divorce with the District Court of Jung-gu as the 2015ddan3237.
(2) Around April 23, 2014, the Defendant borrowed KRW 70 million to C, and even if written and proposed a promissory note in the amount of KRW 70 million, the Defendant did not pay that amount.
On October 30, 2015, the Plaintiff subrogated for KRW 70 million for the Defendant’s obligations of promissory notes, without giving rise to repeated claims by C.
(3) Although the Defendant had a debt of KRW 50 million against D, the Defendant filed an application for individual rehabilitation with D without paying the said debt.
On November 5, 2015, the Plaintiff paid 50 million won to D on behalf of the Defendant on behalf of the Defendant.
(4) Therefore, the defendant is liable to pay the plaintiff the total amount of 120,000,000 won by subrogation and damages for delay.
2. Reviewing the judgment, there is no evidence to acknowledge the Plaintiff’s assertion, and rather, C submitted a written objection stating that “When the Plaintiff intends to carry on the clothes business, C shall have the registration of establishment of a neighboring to the real estate owned by C, and C shall have the certificate of establishment of a promissorysory note as it was issued by the Defendant, but C shall not have the necessity of a notarial deed on the above promissory note because C did not have the registration of establishment of a neighboring mortgage due to the Plaintiff’s failure to carry on the clothing business due to the circumstances, as the Plaintiff did not carry out the clothing business,” to the full bench in progress of the Defendant’s personal rehabilitation case (Ycheon District Court 2014Da23108 individual rehabilitation), and D, upon the Plaintiff’s operation of the clothing business, has completed the registration of establishment of a collateral as the collateral, but after the transaction was interrupted by the Plaintiff’s circumstances.