구상금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. As between B and B on August 26, 2011, the Plaintiff entered into a credit guarantee agreement on KRW 24.00,000 among the loans that KRW 24.00,000 for the purpose of corporate general financing from the point of credit branch of a national bank and its subordinate obligations.
B. On August 26, 201, pursuant to the aforementioned credit guarantee agreement, the Plaintiff issued a credit guarantee certificate with the coverage amount of KRW 19,200,00,000, the surety B, and the warranty period until August 24, 2012. B obtained a loan equivalent to the guaranteed amount from the leisure point of the national bank as security. The Plaintiff extended the guarantee period to August 23, 2013.
C. B did not pay the principal on December 27, 2012 and caused a credit guarantee accident. On August 21, 2013, the Plaintiff subrogated for KRW 19,570,154 with the principal and interest on August 21, 2013.
In addition, the Plaintiff paid KRW 280,570, and KRW 203,951 as the cost of preserving the claim for the collection of the above amount of reimbursement, and collected KRW 34,090 in total and claimed KRW 450,431 in total.
B On September 10, 2012, the Defendant, the wife-nam, and each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) concluded a mortgage contract with the maximum debt amount of KRW 50,00,000,00 with the obligor B and the mortgagee as the Defendant, and completed the registration of establishment of the neighboring district court No. 23167 on the same day.
B was in excess of the debt at the time, and each of the instant real estates was the only property B.
E. Of the distribution schedule prepared on November 18, 2014, the distribution schedule was formulated to distribute KRW 34,181,669 to the Defendant, who is the mortgagee, among the distribution schedule prepared by the said court, as to each of the instant real estate.
[Judgment of the court below] Facts that there is no dispute, Gap 1 through 8 (including each number), the fact inquiry result of the court's inquiry about the leisure viewing, the purport of the whole pleadings.
2. The assertion and judgment.