1. The plaintiff's claim is dismissed.
3. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On February 13, 2014, the Plaintiff entered into an agreement with B Co., Ltd. (hereinafter “debtor”) on loans of 200 million won, the loan period from February 17, 2014 to February 16, 2017; interest rate of 4.1% per annum; interest rate of 12% per annum; and interest rate of 12% per annum during one year from the lease date to pay only interest during one year; and for two years thereafter, E, the representative director of the debtor company, was jointly and severally guaranteed.
(hereinafter “instant loan”). (b)
On March 9, 2015, with respect to each of the instant real estate, the debtor company completed the registration of establishment of a collateral security agreement (hereinafter “instant mortgage agreement”) against the Defendant on November 6, 2014, on the ground of the collateral security agreement as of November 6, 2014, the establishment of a collateral security agreement, the obligor company, the mortgagee company, and the Defendant, as of the establishment of a collateral security agreement (hereinafter “instant collateral security agreement”).
C. On September 24, 2015, the debtor company lost the benefit of the time due to the delinquency in paying the interest, and as of May 25, 2016, the debtor company bears the obligation to pay the loan of KRW 225,559,420 (including principal, delay damages, and procedural costs) to the plaintiff.
Each real estate of this case is the only property of the debtor company, and at the time of establishing the mortgage of this case, the debtor company was in excess of the obligation.
E. At the request of the Credit Guarantee Fund, the voluntary auction procedure was initiated in Suwon District Court C with respect to each of the instant real estate, and the same court D D's auction procedure overlaps, and hereinafter referred to as "the auction of this case").
On April 28, 2016, the establishment registration of the instant real estate was cancelled as the real estate of this case was sold.
F. Of KRW 993,282,052, the amount to be actually distributed on the date of distribution of the instant auction procedure implemented on May 25, 2016, the distribution of KRW 150 million to the Defendant, who was the holder of the third provisional attachment right, and KRW 2,189,784 to the Plaintiff, who was the holder of the third provisional attachment right, respectively.