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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. The Plaintiff’s claim 1) On May 27, 2013, the Plaintiff Company C (hereinafter “Nonindicted Company”)
B) As regards the loan agreement with Nonparty Company, KRW 500 million shall be lent to Nonparty Company, and the credit transaction agreement on June 11, 2014, the expiration date of the credit transaction period (hereinafter “the credit transaction agreement of this case”).
In the instant credit transaction agreement, the Plaintiff and the non-party company agreed that when the notice of provisional seizure or the notice of seizure of the disposition on default is sent to the bank, the obligor would naturally lose the benefit of all obligations to the bank without any demand notice from the bank (Article 7 (1) 2 of the instant credit transaction basic terms and conditions). B of the instant credit transaction agreement, on May 28, 2013, jointly and severally guaranteed the obligation to the Plaintiff of the non-party company under the instant credit transaction agreement, with the guarantee limit amount as 60 million won.
3) The extension of the credit period of the instant credit transaction agreement was extended. On November 19, 2014, the National Health Insurance Corporation seized the Plaintiff’s deposit claim against the Plaintiff of Nonparty Company as the third obligor on the ground of delinquency in payment of the insurance premiums, etc. of Nonparty Company, and accordingly, the Nonparty Company lost its benefit of time. As of March 2, 2016, the obligation against the Plaintiff of Nonparty Company as of March 2, 2016 is the total of KRW 563,163,686 (i.e., the principal amount of KRW 500 million and KRW 63,163,686). (ii) The Defendant’s payment agreement and provisional registration 1) is the wife of Nonparty Company B.
2) As between October 6, 2014 and B, the Defendant shall provide the real estate listed in the separate sheet (hereinafter “instant real estate”).
As to the instant accord and satisfaction agreement (hereinafter referred to as “instant accord and satisfaction agreement”) with respect to the return of substitutes ( October 6, 2015)
(2) On October 7, 2014, the Seoul Central District Court completed the registration of the collateral security for ownership transfer (hereinafter “provisional registration of this case”) as the date of receipt No. 224800 by October 7, 2014.
(C) A. B’s debt exceeded 1) The instant real estate is the sole property in B, and at the time of the instant payment agreement, the market price was KRW 1.25 billion.
2. The case.