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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On June 23, 2008, Defendant B and C agreed that the debt 1,100,000,000,000 that Defendant B had paid to C at that time shall be repaid by October 10, 2008, and if Defendant B and C have partially repaid the debt, it shall be preferentially appropriated for the repayment of the principal amount of the debt (hereinafter “instant agreement”).
B. On the other hand, the Plaintiff: (a) provided a loan amounting to KRW 200,00,000 to C; (b) on August 11, 2011, the Plaintiff acquired KRW 200,000,000 from C among the claim against Defendant B under the instant agreement (hereinafter “transfer of claim”); and (c) notified Defendant B of the fact of transfer of claim on September 2, 201.
C. On September 9, 2011, Defendant B prepared and executed a certificate of subrogation (the evidence No. 2; hereinafter “instant certificate”) stating that “In relation to the Plaintiff’s notification of the assignment of claims as of September 2, 201, Defendant B made payment to the Plaintiff of KRW 200,000,000 out of the Plaintiff’s obligation owed to C by April 30, 2012, Defendant B made payment to the Plaintiff, and at the same time, Defendant B’s obligation to Defendant B is deemed to have been repaid at the same time, Defendant B’s obligation to Defendant B is deemed to have been repaid.” Defendant Donma Co., Ltd. (hereinafter “Defendant Company”) was jointly and severally guaranteed.
Defendant B’s obligation to Defendant B pursuant to the instant agreement was extinguished by repayment of KRW 834,00,000 among KRW 1,100,000,000, and Defendant B did not notify the assignment of claim or consent to the assignment of claim. Even if Defendant B consented to the assignment of claim of this case, it did not constitute a certificate with a fixed date, and thus, it cannot be set up against the right to seize and collect other claims. Defendant B’s obligation to Defendant C pursuant to the instant agreement against the Plaintiff and the Plaintiff did not exceed KRW 26,00,00, and it was confirmed that the amount of obligation to the Plaintiff under the instant agreement was not exceeded KRW 26,00,00.