beta
Text
1. The plaintiff's action against the defendant A shall be dismissed.
2. As to each real estate listed in separate sheet Nos. 2 and 3, a.
Reasons
1. Basic facts
A. The Plaintiff’s indemnity claim 1) D Co., Ltd. (hereinafter “D”).
(C) On May 6, 2013, the term “cases” (hereinafter referred to as “cases”)
2) As to the instant prime contract with respect to the case goods, services, etc. (hereinafter referred to as “instant prime contract”).
(2) On February 5, 2014, D entered into a performance guarantee insurance contract (hereinafter “instant insurance contract”) with the Plaintiff on February 5, 2014, setting as D, the insured, the insurance amount of KRW 300 million, and the insurance period from February 3, 2014 to February 2, 2016. Around that time, D submitted the performance guarantee insurance contract under the instant insurance contract, and C jointly and severally guaranteed the obligation that D owes to the Plaintiff under the instant insurance contract.
3) On September 9, 2015, as D did not perform its obligation under the instant prime contract, D applied for insurance proceeds to the Plaintiff on September 7, 2015. On January 7, 2016, the Plaintiff paid KRW 279,251,143 of the insurance proceeds under the instant insurance contract to D. B. On September 22, 2015, C entered into a contract with Defendant A to sell the instant first real estate to Defendant A (hereinafter “instant sales contract”). The sales proceeds are KRW 140,00,000; KRW 40,000,000 among them are to succeed to the security deposit; the remainder of KRW 10,000,000 is to be paid on September 22, 2015; and the maximum debt amount was to be paid KRW 240,000,000, KRW 10000 and KRW 30,000 are to be succeeded to the principal.
2) Thereafter, on September 23, 2015, C completed the procedure for ownership transfer registration with respect to the instant real estate No. 1 with the head of Suwon District Court’s registration office received on September 23, 2015. (c) The reason why C disposed of the instant real estate Nos. 2 and 3 real estate was on May 11, 2009, and on January 14, 2012, C acquired the ownership of 1/2 shares out of 597/2,388 square meters of the instant real estate, and on February 29, 2012, sold to F for KRW 57,90,000,000.