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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. (1) The Plaintiff, between B and B, shall enter into a credit guarantee agreement with the terms of ① the amount guaranteed on February 5, 2009 KRW 285 million and the credit guarantee period until February 4, 2010 (hereinafter “credit guarantee agreement”).
(2) A credit guarantee agreement with the content of the guaranteed amount of KRW 238 million on August 16, 2016 and the credit guarantee period as of August 16, 2017 (hereinafter “credit guarantee agreement”) (hereinafter “credit guarantee agreement”).
The term of credit guarantee under the first credit guarantee agreement was extended until August 18, 2017. On the other hand, B’s mother jointly and severally guaranteed the indemnity liability under the respective credit guarantee agreement against the Plaintiff in B. B (hereinafter “D”) with respect to each credit guarantee obligation under the first credit guarantee agreement. B (a) obtained a loan of KRW 30 million as security and KRW 280 million as security from D (hereinafter “D”).
3) After the occurrence of a credit guarantee accident under B’s loan in arrears on April 13, 2017, the Plaintiff subrogated to D 430,180,696 won pursuant to each credit guarantee agreement (i.e., total amount of interest of KRW 426,970,988) pursuant to each credit guarantee agreement (i.e., total amount of interest of KRW 426,970,988) (i.e., total amount of interest of KRW 3,209,708) (hereinafter “instant indemnity claim”) on June 29, 2017.
(2) B on April 30, 192, B made a registration of ownership transfer as to each real estate listed in the separate sheet 1, 4, and 5 (hereinafter “real estate 1 through 5” in the separate sheet 1, 4, and 5 as to each real estate (hereinafter “each real estate of this case”). On December 8, 1990, B made a registration of ownership transfer as to each real estate 2 on August 13, 1993, B made a registration of ownership transfer as to each real estate 3 on January 30, 203, and thereafter B made a registration of ownership transfer as to each real estate of this case with the Defendant on January 31, 2017 (hereinafter “this case”).