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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On September 26, 2001, the C organization entered into a credit guarantee agreement with the Plaintiff to guarantee the principal limit of 30,000 won to be borne by the Plaintiff during the guarantee period from September 26, 2001 to September 26, 2003. The Plaintiff was granted a loan of 30,000 won from the D Association on the same day as the credit guarantee instrument created under the said agreement.
B. The Plaintiff lost the benefit of the above loan due to this natural body, and the organization made a substitute payment of KRW 34,803,287 to D Cooperatives on May 12, 2004.
C. The C organization filed a claim against the plaintiff for a payment order claiming the payment of indemnity amount under the above subrogation as the court 2004 tea4098. On July 19, 2004, this Court issued a payment order (hereinafter "the payment order in 2004") to the C organization to pay the plaintiff's 35,821,517 won and 34,803,287 won from July 9, 2004. The above payment order was served on the plaintiff on March 28, 2005, and became final and conclusive on April 12, 2005.
C Organizations filed a claim against the Plaintiff for payment of indemnity amount under this Court No. 2015 tea162, and this Court issued the instant payment order with the Plaintiff on February 12, 2015, 35,821,517 Won and 34,803,287 Won among them, 'the instant payment order' with the Plaintiff on July 9, 2004.
(2) On July 1, 2015, the instant payment order was served on the Plaintiff on July 1, 2015, and became final and conclusive on July 15, 2015. E. On December 21, 2017, the Defendant received the instant payment order claim from C organization to acquire the instant payment order claim, and notified the Plaintiff of the assignment of the instant claim by means of service by public notice, upon receipt of a decision ordering the Plaintiff to serve a public notice on the said assignment of claim under the court 2018Kala154 on November 7, 2018. On December 14, 2018.