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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. C Co., Ltd. (hereinafter “Nonindicted Company”) entered into an agreement on January 3, 1997 and August 5, 1997 each credit loan (hereinafter “each of the instant loans”) with the Gyeonggi Bank Co., Ltd. (hereinafter “KB”); and 4, other than B, jointly and severally guaranteed the obligations of the Nonparty Company to the Gyeonggi Bank within the limit of KRW 1,58,422,275.
B. On January 1, 200, the Gyeonggi Bank transferred each of the instant loans to the Korea Asset Management Corporation. On November 24, 2010, the Korea Asset Management Corporation filed a lawsuit against the non-party company B and the non-party B, and rendered a judgment in favor of the transferee on September 27, 201. The said judgment became final and conclusive around that time.
C. On August 28, 2012, the Korea Asset Management Corporation transferred each of the instant loans to the Plaintiff. As of July 16, 2013, the sum of the principal and interest of each of the instant loans is KRW 5,285,114,449.
B With respect to the real estate listed in the attached list of real estate (hereinafter “instant real estate”), the Jeju District Court Seopo District Court No. 34493, Nov. 26, 1997, which received on November 26, 1997, completed the registration of creation of a collateral security (hereinafter “instant collateral security”) with regard to the Defendant: B and the maximum debt amount of KRW 250 million.
E. B is currently liable to the Korea Asset Management Corporation as a joint and several surety for each of the instant loans (as of February 25, 2015, the debt amount of 1,651,369,370 won as of February 25, 2015), and is liable to the Incheon District Court 201Gahap4014 (as of February 25, 2015, the debt amount of 194,217,237 won) and is liable to the Korea Asset Management Corporation (as of February 25, 2015, the debt amount of 224,388 won as of February 25, 201)
[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1-2, 2, 3, evidence Nos. 4-1, 2, 5, 6, Eul evidence Nos. 1, 2, 5 and 5-1 through 4, and the order to submit tax information to the head of Seongdong-gu in the ancient cities of this Court.