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1. According to the claim that was changed in exchange in this court, the defendant shall pay to the plaintiff KRW 50,000,000 and this shall apply.
Reasons
1. Basic facts
(a) A claim for reimbursement against B of the Credit Guarantee Fund: (a) The Credit Guarantee Fund has been extended between B and B; (b) from March 17, 2005 to March 16, 2006, the amount of security deposit of KRW 85,000,000 (the due date has been extended until March 11, 2016; and (c) the amount of security deposit has been reduced to KRW 56,00,000.
(2) From August 12, 201 to August 10, 2012, the coverage amount of KRW 45,00,000 (the time limit is extended until November 16, 2015, and the coverage amount of KRW 42,50,000 has been reduced by 42,50,000.
(B) Each credit guarantee agreement was concluded, and B received a loan from the Industrial Bank of Korea as collateral under each of the above credit guarantee agreements. (2) However, B, on August 3, 2015, caused a guarantee accident by delinquency in payment of principal, etc., and the Korea Credit Guarantee Fund subrogated to the Industrial Bank of Korea KRW 103,858,860 on September 22, 2015.
3) The Korea Credit Guarantee Fund applied for a payment order against B (Seoul Central District Court Decision 2015Da246878) with a claim for reimbursement equivalent to the above amount (Seoul Central District Court Decision 2015Da24688), and the said payment order became final and conclusive on December 19, 2015. B. The Defendant, a debtor, a debtor of B’s repayment against the Defendant, lent KRW 100,000,000 in total to B on December 30, 2013, and paid KRW 50,000,000 to the Defendant on July 30, 2015 (hereinafter “instant payment act”). B received from the lessor on July 29, 2015, a repayment of KRW 50,000 from the lessor’s workplace lease deposit, and paid it to the Defendant on July 30, 2015, as the next day (hereinafter “instant payment”).
(C) (1) The Credit Guarantee Fund’s filing of the instant lawsuit and the instant bankruptcy proceeding against B (the commencement of the bankruptcy proceeding against B) filed the instant lawsuit claiming against the Defendant that the said amount of KRW 50 million was donated or repaid as a creditor of the said reimbursement claim against B, seeking revocation of the said donation or reimbursement, and at the same time seeking restitution of KRW 50 million as restitution.