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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 entered into a guarantee insurance contract with B on August 25, 2011 with regard to the obligation to repay the principal and interest of KRW 25 million, which B received from a new bank, and thereafter, as B was unable to repay the loan, the Plaintiff repaid KRW 25,346,018 on September 19, 2012, and acquired a claim for indemnity against B (hereinafter “instant preserved claim”).
The Plaintiff filed a lawsuit against B (U.S. District Court 2012da85331) seeking the payment of the preserved claim in this case and received a judgment ordering B B to pay the “25,408,515 won and damages for delay of KRW 25,346,018” on February 19, 2013. The judgment became final and conclusive on March 8, 2013.
On the other hand, on June 14, 2011, the Plaintiff, a member of the Dong-si and 40 lots D Housing Reconstruction Project Association, sold its right to sell apartment units (hereinafter “instant right to sell”) to E and F, on the basis of the Defendant, who is one’s own child, to be newly constructed by the said Association, for KRW 530 million. The down payment was set at KRW 20 million, intermediate payments, KRW 10 million, and KRW 410 million, respectively.
B on the same day, the account G of its national bank account on the following day:
) A total of KRW 20 million was remitted from F. On June 23, 2011, he/she received a total of KRW 100 million from F. On the same account on June 28, 2011, he/she received a total of KRW 137.7 million from F. On June 14, 2011, the date the down payment was deposited in KRW 20 million was deposited in cash. From the Account of this case on June 14, 2011, the KRW 19.5 million was withdrawn from the National Bank’s distribution point on June 23, 2011, the intermediate payment of KRW 45.8 million was deposited in cash at the same point on June 23, 201, KRW 41,0453 was deposited in the same account on June 24, 2011 and the sum of KRW 137.5 million and KRW 37.5 million were deposited in the same account on June 24, 2011.
In addition, this shall apply.