beta
Text
1. The plaintiff's claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. B entered into a credit guarantee agreement with the Plaintiff on January 10, 2004 and November 3, 2004 respectively (hereinafter referred to as the “credit guarantee agreement of this case”). On January 10, 2004 and November 3, 2004, a total of KRW 63,000,000 on three occasions from the NAFC as security, but did not pay the principal and interest of the loan.
B. Accordingly, on June 30, 2008, the Plaintiff was required to subrogatedly repay B’s principal and interest obligation under the credit guarantee agreement of this case, and the Plaintiff subrogatedly repaid KRW 67,576,066 on June 30, 2008, and also, on September 27, 2013, filed a lawsuit against B seeking the payment of the subrogated amount under the Yan District Court 2013Ga7101, and the Defendant (B) was sentenced to the judgment of “the Plaintiff (the Plaintiff in this case) to pay damages for delay of KRW 115,349,324 and KRW 67,427,659 out of them.” The above judgment became final and conclusive on October 12, 2013.
C. On March 31, 2006, B decided that each of the instant real estate owned by the Defendant as the maximum debt amount of KRW 20,000,00,00 and the obligor B and the mortgagee as the Defendant respectively and completed the registration of creation of each of the instant collateral security (hereinafter referred to as the “instant collateral security”) as described in the purport of the claim. On July 3, 2006, B was remitted from the Defendant to the wife C account.
B around June 2006, borrowed 13,00,000 won as the security of each of the instant real property, and, if any, will accept any legal measure in the event that the promise is not performed within the above date. He also made and delivered to the Defendant a letter of payment that he will pay 13,00,000 won borrowed around July 30, 2006 and 5,000,000 won borrowed around July 30, 2015, and then will pay 13,00,000 won without delay until December 30, 2017, and will accept any legal measure that it is impossible to perform the promise within the above date."
(b) the above loan certificate.