A. The Plaintiff entered into a credit guarantee agreement with respect to a loan from the Defendant, A.S. A.S. corporation (hereinafter “N.S. corporation”) with the credit guarantee principal of KRW 1,00,000,000 and up to November 26, 2017. Accordingly, on November 26, 2009, the Plaintiff issued a guarantee bond of KRW 1,02,000,000,000 to the Defendant.

B. On December 15, 2009, the Defendant established the right to collateral security (hereinafter “instant right to collateral security”) with respect to the real estate owned by the non-party company (hereinafter “instant real estate”) on the part of the non-party company on December 15, 2009 when granting the said loan to the non-party company.

C. However, upon the occurrence of a credit accident by the non-party company, the plaintiff subrogated to the defendant 450,743,554 won pursuant to the credit guarantee agreement, and accordingly, the plaintiff and the defendant concluded a partial transfer contract (the transferred amount of KRW 450,743,554) regarding the right to collateral security of this case.

On June 22, 2016, the Daejeon District Court made a distribution schedule that distributes KRW 31,381,553 to the Plaintiff and KRW 133,267,686 to the Defendant (hereinafter “instant distribution schedule”) on the date of distribution of the said auction procedure, which was held on June 22, 2016.

E. The Plaintiff raised an objection to the dividend amount on the date of distribution, and thereafter filed the instant lawsuit on June 28, 2016, one week thereafter.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 8, purport of whole pleading

2. The fact that there is no dispute over the cause of the claim, comprehensively taking account of the entries in Gap evidence 7 and 8, and the purport of the entire pleadings, a contract for partial transfer of the right to collateral security entered into between the plaintiff and the defendant shall first appropriate the dividend of the right to collateral security to the defendant's claim for expenses, fire insurance premiums, etc. (hereinafter "payment by subrogation") within the ordinary limits for the preservation of the security, and the balance shall be the