2. The plaintiff's remaining claims are dismissed.

3. The costs of lawsuit shall be borne by the Plaintiff.

Preliminaryly, the Defendant expressed his/her intention to transfer the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of claims

(a) Establishment of a mortgage on each real estate listed in the attached list;

On March 20, 2002, the Daedong District Court Co., Ltd. (hereinafter referred to as the "Dongdong District Court") entered into a mortgage agreement on each real estate listed in the separate sheet owned by the Daedong District Court (hereinafter referred to as the "each real estate of this case") in order to guarantee the obligation of loans to be loaned from one bank regardless of whether it was changed to the Han Bank on December 2, 2002, Seoul Bank (hereinafter referred to as the " Han Bank"), and concluded a mortgage agreement on each real estate (hereinafter referred to as the "each real estate of this case") with Handong District Court No. 5323, receipt of the voice registry office, and completed the registration of the establishment of a mortgage in the vicinity of one bank with the mortgagee (hereinafter referred to as the "mortgage of this case").

(b)a loan to the Korea Technology Credit Guarantee Fund and the plaintiff's credit guarantee agreements and the customer groups of one bank;

1) On April 19, 2002, the Korea Technology Credit Guarantee Fund entered into a credit guarantee agreement with a single bank to guarantee a loan obligation to be borne by the single bank within the scope of the guaranteed amount if a credit guarantee accident occurs. On April 19, 2002, the Korea Technology Credit Guarantee Fund issued, respectively, a credit guarantee agreement with the guarantee number 307020141, a guarantee number 400,000,000 (80%) and a credit guarantee agreement with the guarantee number 307020139, a guaranteed amount 425,000,000 (80%).

2) In addition, the Plaintiff entered into a credit guarantee agreement with the Daedong District to guarantee the obligation of loans to be borne by the Daedong District within the scope of the guaranteed amount in the event of a credit guarantee accident. On October 9, 2006, the Plaintiff issued, respectively, a credit guarantee agreement with the principal bank with the guarantee number HA020602135, the guaranteed amount of 480,000,000 won (80% of the guaranteed amount) and the credit guarantee certificate with the guarantee number of HN 2007019, the guaranteed amount of 160,000,000 won (80% of the guaranteed amount).

3) The Han Bank made the following loans to the Daedong District as security by the Plaintiff and the Korea Technology Credit Guarantee Fund:

0,240,00 of the technical credit guarantee fund 300,00,000,000 240,000,000 of the technical credit guarantee fund 300,00,000 53,000,000 42,40,000 20,000,00 20,00,000 20,000,000 20,000 20,000,00 20,000, 20636,00,000, 630,000,000 50,000,000 50,000,000,00 50,000,000,000,000 0,000,000,000,0000,0000,0730,007,00866,6308

(c) Transfer of the subrogation and collateral security part of the Korea Technology Finance Corporation and the plaintiff;

1) The Korea Technology Credit Guarantee Fund did not pay the above loans to the Han Bank due to its failure to repay the loans to the Han Bank, the Korea Technology Credit Guarantee Fund paid the amount of KRW 703,524,173 on December 18, 2009, and the Plaintiff paid the amount of KRW 654,496,00 on December 24, 2009 by subrogation to the Han Bank. The detailed details are as follows.

6. The sum of interest rates of 240,00 0,00 - 00 - 20 - 111, 30 - 18. 7. 428, 203 - 240, 240 - 97 - 28, 196 - 36. 16. 20, 96. 20, 196. 46. - 18. 18. 20, 209 - 46. 16. 7. 40, 196. 20, 196. 7. 16. 40, 196. 46. 7. 16. 20, 16. 16. 49, 200, 00 - 35, 1969, 8. 19, 204

2) On December 24, 2009, the date of the said subrogation, the Plaintiff entered into a contract for partial transfer of the right to collateral security (hereinafter “instant contract for partial transfer of collateral security”) with Han Bank to transfer part of the instant mortgage to the Plaintiff. On January 7, 2010, the Plaintiff completed the additional registration of partial transfer of collateral security (hereinafter “instant contract for partial transfer of collateral security”) with the amount of reimbursement for the establishment of collateral security (654,496,000). The order of appropriation of dividends related to the instant contract for partial transfer of collateral security is as follows.

Article 2 (Order of Claim Collection) (1) of the Table contained in the main text of this case (including the portion of the previous mortgage), the amount of dividends (including the portion of the previous mortgage) related to the mortgage of this case, shall be appropriated in the following order:

Note 1) Covered Loan

3) Meanwhile, on December 18, 2009, the Korea Technology Finance Corporation transferred part of the instant collateral security to the Korea Technology Finance Corporation on the date of the said subrogation. However, the Korea Technology Finance Corporation entered into a contract for partial transfer of the right to collateral security, setting forth the order of recovery of claims to the same effect as the instant claim partial transfer contract, and completed additional registration of partial transfer of the right to collateral security, the repayment amount of which is KRW 703,524,173, Dec. 21, 2009.

D. Taking over loans, claims, etc. by the defendant

1) On March 4, 2010, Han Bank entered into an asset acquisition agreement with the Joint Asset Management Co., Ltd., under the Asset-Backed Securitization Act, to transfer assets, including loans, claims for loans, and all rights related to the instant collateral security, to the Federation of Assets to the Joint Asset Management Co., Ltd.; and the Defendant entered into an asset acquisition agreement with one Bank on March 30, 2010 to acquire the status of a transferee of the Joint Asset Management Co., Ltd. under the said asset acquisition agreement.

2) On March 31, 2010 and April 1, 2010, Han Bank notified the assignment of the above assignment of claims to the Daedonggg-gull, and on April 13, 2010, registered the transfer of the above securitization assets to the Financial Supervisory Service.

(e) Rehabilitation procedures for teams; and

1) On September 24, 2009, the Daegdong District Court applied for the commencement of rehabilitation procedures to the Chungcheong District Court on September 24, 2009. On October 26, 2009, the decision was made to commence rehabilitation procedures for the Daegdong District Court (hereinafter “instant rehabilitation procedures”). The above court decided to authorize rehabilitation on August 8, 201, but the instant rehabilitation procedures was abolished on February 20, 2013.

2) Of the methods of alteration of rights and repayment with respect to rehabilitation security rights for lending obligations of financial institutions as prescribed in the rehabilitation plan approved by the rehabilitation procedure of this case, the part related to this case is as follows.

1. Table contained in the main sentence. 1. Loan obligations of financial institutions: (a) rehabilitation security rights of financial institutions with the primary obligation as follows; (b) loan obligations of financial institutions with 1.3 billion won and change thereof; (c) total of interest prior to the commencement of principal of confirmed bonds at the time of change (unit 2); (d) defendant 1,922, 080, 91, 935, 939, 4039, 4039, 640, 400, 496, 000 for 654, 696, 00-654, 654, 654, 696, 00 for 654, 00, 124, 173, 7174, 737, 197, and 197, 296, 305, 305, 196, 496, 297

Note 2) Interest prior to commencement

Note 3) The first interest

F. Procedure for public auction concerning each real estate of this case and distribution related thereto

1) As to each real estate of this case, the procedures for the public auction of real estate (hereinafter “instant public auction procedures”) were carried out by the Sound-gun Office 201-05328-003 regarding each real estate of this case, and each real estate of this case was sold in the instant public auction procedures on October 16, 2013. The Korea Asset Management Corporation prepared a distribution statement (hereinafter “distribution statement of this case”) that deducts senior claims, such as expenses for disposition on default, from the distribution amount of KRW 3,002,219,510, total sum of KRW 2,645,71,310 (hereinafter “instant distribution amount”) to the Defendant, which is calculated by deducting senior claims, such as expenses for disposition on default, from total sum of KRW 3,00,000,000 and KRW 2,219,510 from the sales amount of KRW 2,55,71,310 (hereinafter “instant distribution amount”).

2) On November 2013, the Plaintiff filed an objection to the instant distribution statement with the Korea Asset Management Corporation.

3) According to the transfer of Korea Asset Management Corporation, the distribution of the instant case is kept in the voice-gun Office with the creditor as the defendant.

[Reasons for Recognition] Facts without dispute, Gap 1 to 3 evidence, Eul 1 to 9 evidence, Eul 14 and 19 evidence (including each number, if any), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion

After the Plaintiff paid the debt to Han Bank by subrogation, the Plaintiff acquired the right of statutory subrogation regarding the instant right to collateral security in accordance with the terms and conditions of credit guarantee and the agreement on partial transfer of the instant right to collateral security. Since the Defendant’s claim was substantially modified according to the rehabilitation plan approved in the rehabilitation procedure of this case, the allocation of this case should be appropriated on the basis of the modified amount of claim in accordance with the order stipulated in the agreement on partial transfer of the right to collateral security.

Therefore, if the amount of claim is calculated based on the revised amount of claim pursuant to the rehabilitation plan, among the dividend of this case 2,645,771,310 won, the claim to be preferentially appropriated to the defendant according to the order stipulated in the contract for partial transfer of the right to collateral security of this case is the sum of KRW 2,191,132,

본문내 포함된 표 1. 피고에게 1순위로 충당되어야 할 채권 : 피고의 배당일 현재 비보증부채권액 (이 사건 근저당권일부이전계약 제2조 제1항 제1호) ○ 비보증부대출원금 : 1,591,799,000원 ○ 개시전이자 : 9,230,359원 ○ 개시후이자(비보증부대출원금에 대한 2009. 10. 26.부터 2012. 12. 31.까지 회생계획에서 인가된 개시후이자율인 연 7.5%의 비율로 계산한 이자) : 380,396,350원 ○ 변제기 후 연체이자(비보증부대출원금에 대한 2013. 1. 1.부터 2013. 11. 13.까지 피고의 일반자금대출에 대한 연체이율인 연 14.1%의 비율로 계산한 연체이자) : 194,927,781원 ○ 합계 : 2,176,353,490원(= 1,591,799,000원 + 9,230,359원 + 380,396,350원 + 194,927,781원) 2. 피고에게 2순위로 충당되어야 할 채권 : 보증부대출의 보증채무이행일까지 발생한 연체이자와 약정이자 차액분 (이 사건 근저당권일부이전계약 제2조 제1항 제2호) ○ 합계 : 14,778,637원 (= 1,157,260원 + 13,621,377원) 보증기관 보증부대출액(원) 기간 연체이율(%) 약정이율(%) 차액(원) 기술신용 보증금고 500,000,000 2009.10.18.~2009.10.25. 연 17 연 6.44 1,157,260 2009.10.26.~2009.12.18. 연 7.5 연 6.44 784,110 1,157,260 원고 167,450,046 2009.8.30.~2009.10.25. 연 17 연 5.73 2,947,075 2009.10.26.~2009.12.23. 연 7.5 연 5.73 479,091 125,831,556 2009.9.1.~2009.10.25. 연 17 연 6.72 1,949,183 2009.10.26.~2009.12.23. 연 7.5 연 5.73 360,016 239,287,378 2009.9.1.~2009.10.25. 연 17 연 5.73 4,063,624 2009.10.26.~2009.12.23. 연 7.5 연 5.73 684,624 67,431,019 2009.8.31.~2009.10.25. 연 17 연 6.8 1,055,249 2009.10.26.~2009.12.23. 연 7.5 연 5.73 192,927 200,000,000 2009.9.1.~2009.10.25. 연 17 연 10.73 1,889,589 2009.10.26.~2009.12.23. 연 7.5 연 5.73 572,219 13,621,377 3. 합계 : 2,191,132,127원 (= 1순위 2,176,353,490원 + 2순위 14,778,637원)

Therefore, the remaining amount of KRW 454,639,183 (=2,645,771,310 - 2,191,132,127) shall be distributed to the Plaintiff and the Korea Technology Credit Guarantee Fund pursuant to Article 2(1)3 of the Agreement on the Partial Transfer of Collateral Security. Of the above amount, the amount equivalent to the Plaintiff’s partial guarantee ratio is KRW 173,920,548 as follows. Accordingly, the Plaintiff has the right to receive allocation of KRW 173,920,548 out of the instant amount of distribution.

The sum (won) of the amount of guarantee loan (won) of the portion of guarantee loan (won) 454,639,183 x the amount of the relevant guarantee loan x 1,673,00,000 x 80%) 81,090,456 189,790,798 53,000,000,000,000 20,000,000,000,000 53,000,000,000,000 80,000,000 80,70,700, 3433,000,000,000, 80, 108,70,340, 167, 167, 4600,000,0000 of the relevant guarantee loan loan x 373,000,008384,537

However, the Plaintiff failed to receive the distribution on the distribution date conducted on November 13, 2013 in the instant public sale procedure, and the Defendant received the full distribution amount of KRW 2,645,771,310 in the instant distribution statement. As such, KRW 2,645,771,310 in the instant distribution statement should be adjusted to KRW 2,471,850,762, and KRW 0 in the amount distributed to the Plaintiff to KRW 173,920,548, and KRW 173,920,548 in the instant distribution statement shall be adjusted to KRW 2,645,771,310, and KRW 0 in the amount distributed to the Plaintiff, KRW 173,920,548 in the instant distribution statement, and the Defendant, in its preliminary

B. Defendant’s assertion

In the public auction procedure of this case, the defendant submitted a claim registration statement stating the total amount of KRW 2,809,729,286 in the sum as follows. The defendant prepared a statement of distribution that the distribution amount of this case was fully distributed to the defendant due to the relationship that the distribution amount of this case falls short of the total amount of the defendant's claims.

The total annual interest rate (1,91,79,000 of principal interest) for the items of interest in the table contained in the main sentence shall be 282,265,37 2,194,064,337 interest prior to the start of 16,91,35 January 1, 2013 to 13, 201, 317, 610, 610, 610, 428, 496, 420, 317, 317, 208, 208, 101, 174, 205, 208, 208, 17, 204, 101, 17, 1034, 15, 418, 204, 165, 205, 164, 2016, 14, 2016

Meanwhile, the allocation of the instant distribution amount between the Plaintiff, the Defendant, and the Korea Technology Credit Guarantee Fund should be made pursuant to the agreement on partial transfer of the right to collateral security concluded between the said parties. Article 250(2)1 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”) provides that the allocation of the instant distribution amount shall not affect the rights of rehabilitation secured creditors against the debtor’s guarantor of the debtor for whom the rehabilitation procedure has commenced. Even if the interest rate on the principal obligation has been reduced according to the rehabilitation plan, the allocation of the instant amount shall be based on the amount of the claim calculated according to the interest rate under the original agreement before the mitigation is made in accordance with the order stipulated in the agreement on partial transfer of the right to collateral security (not less than three months per annum). However, the overdue interest rate set by the Bank (not less than three months per annum) shall be 19% per annum from January 11, 199 to December 28, 2011, and 17% per annum from the following day.

Accordingly, when calculating the amount of the instant dividend from the Plaintiff, Defendant, and the Korea Technology Credit Guarantee Fund, the amount of the claims that the Defendant has to preferentially distribute to the Plaintiff and the Korea Technology Credit Guarantee Fund is KRW 2,872,474,091 as follows:

2. Claim 1.2: non-guaranteed Claim 2. 1. 2. 4. 7. 8: 1. 2. 8: 40. 7. 2. 7. 1. 8: 40. 7. 7. 2. 8. 1. 7. 8. 1. 5. 2. 7. 8. 1. 7. 4. 1. 7. 7. 1. 7. 5. 2. 7. 1. 7. 1. 5. 7. 8. 1. 2. 7. 4. 1. 5. 7. 1. 7. 1. 5. 2. 7. 1. 4. 7. 1. 75. 1. 62. 1. 75. 1. 75. 1. 1. 1. 1. 75 2. 1. 7. 1. 3

If so, KRW 2,645,771,310 of the instant dividend amount is insufficient to extinguish the said amount of claim 2,872,474,091. Thus, the instant dividend amount should be reverted to all the Defendant without considering the distribution ratio with the Plaintiff and the Korea Technology Credit Guarantee Fund.

Therefore, the plaintiff's claim is without merit.

3. Judgment on the legitimacy of the plaintiff's primary claim

ex officio, a lawsuit of demurrer against a distribution is a lawsuit seeking the alteration of the distribution schedule prepared by the distribution court after a creditor, etc. who has an objection to the distribution schedule raises an objection under the substantive law against the distribution schedule, and constitutes a lawsuit under the Civil Procedure Act. As such, a lawsuit of formation aimed at forming a change in existing legal relations is limited to cases where the law expressly provides for the formation of a change in existing legal relations and there is no legal basis (see, e.g., Supreme Court Decision 92Da35462, Sept. 14, 1993). However, Articles 80 through 84 of the National Tax Collection Act, which provide for distribution in the public sale procedure, provide for the method of distributing the distribution, the preparation of the distribution statement, the procedure for filing an objection against the sale statement, and the deposit of distributed money by the Korea Asset Management Corporation, the agent of the head of a tax office or the head of a tax office, and does not provide for a lawsuit of demurrer against a distribution under the Civil Procedure Act or the provisions that provide for the distribution statement under Article 154 of the Civil Execution Act.

Therefore, it is unlawful for the Plaintiff to seek correction of the instant distribution statement itself as a lawsuit of demurrer against the Defendant as a lawsuit of objection against distribution equivalent to the lawsuit of demurrer against distribution, as it files a lawsuit of form without legal basis.

4. Judgment on the plaintiff's conjunctive claim

A. Whether the contents of the rehabilitation plan approved in the rehabilitation procedure of this case apply to the allocation of the instant amount in accordance with the order of appropriation stipulated in the contract for partial transfer of the right to collateral security of this case

1) The Plaintiff, upon being transferred from one bank the amount corresponding to the amount of subrogated out of the instant right of collateral security upon subrogation, agreed between one bank and one bank to appropriate the amount of dividends by the implementation of the instant right of collateral security. However, there is no dispute between the parties that the allocation of the instant amount should be applied in accordance with the agreement. In detail, in calculating the amount of claims under the agreement, the Plaintiff claims that the amount of claims should be calculated based on the changed amount of claims pursuant to the rehabilitation plan approved in the rehabilitation procedure in this case, and the Defendant claims that the amount of claims should be based on the original agreement regardless of the content of the approved rehabilitation plan, as the alteration is not applicable between the Plaintiff and the Plaintiff does not apply. Accordingly, in allocating the instant amount in accordance with the order of appropriation stipulated in the instant contract of partial transfer of collateral security right, the content of the rehabilitation plan

2) We examine the following. ① Upon the decision to grant authorization of the rehabilitation plan, the rights of rehabilitation creditors, rehabilitation secured creditors, shareholders, and equity right holders are changed according to the rehabilitation plan (Article 252(1) of the Debtor Rehabilitation Act). However, this is according to the purpose of the rehabilitation procedure to promote efficient rehabilitation of debtors due to financial difficulties by adjusting legal relations among interested parties, such as creditors. It cannot be deemed that the contents of the rehabilitation plan naturally affect an agreement or distribution agreement on the rights between the above rights holders, such as rehabilitation creditors, rehabilitation secured right holders, etc. outside the rehabilitation procedure. ② Although the rehabilitation procedure of this case was in progress at the time of the conclusion of the contract for partial transfer of the right to collateral security, there was still a decision to grant authorization of the rehabilitation plan, it is reasonable to view that the plaintiff and the defendant set the order of appropriation among the creditors under the premise that the contents of the original contract for partial transfer of the right to collateral security right are applied, in light of the fact that the plaintiff and the defendant did not have any disadvantage in the order of appropriation without mentioning the progress of the rehabilitation procedure of this case.

B. Whether the amount to be distributed to the plaintiff is allocated if appropriated in the order of appropriation stipulated in the contract for partial transfer of the right to collateral security in this case

1) As seen earlier, Article 2(1) of the instant Act provides that dividends related to the instant right to collateral security shall be appropriated in the order of the Defendant’s non-guaranteed loan claim (No. 1), overdue interest and agreement accrued until the date of the performance of the guaranteed obligation, and the amount divided by the Plaintiff and the Defendant’s partial guarantee rate (No. 3) as of the date of the date of distribution, including attempted claims related to loans executed in excess of the predetermined amount of loans based on the guaranteed ratio, as stated in the foregoing provision. Therefore, the detailed appropriation of the instant amount in accordance with the order of appropriation shall be examined in the order of appropriation, and then the amount to be distributed to the Plaintiff out of the instant distributed amount shall be deemed to be allocated to the Plaintiff.

2) First, we examine the Defendant’s non-guaranteed loan claims (Article 2(1)1 of the instant contract partial transfer of collateral security right) against the Defendant’s Donggwon as of November 13, 2013, which is the date of allocation to be appropriated in the first order.

(a) non-guaranteed incidental application money;

As of November 13, 2013, the distribution date of the instant public sale procedure, the fact that the Defendant’s non-guaranteed unit application fee for the Defendant’s Daedonggll is a total of KRW 1,591,79,000 as follows is no dispute between the parties.

The loan of 121,800,000,000 370,000,000 3 of 2 corporate working loan of 300,00,000 general working loan of 4 corporate working loan of 121,800,000 4 corporate working loan of 200,000 5 corporate working loan of 200,000 6 corporate working loan of 27,908,062 7 of purchase loan of 20,971,7168 of 8 purchase loan of 39,880,8319 (the upper limit) of 11,238,391,591,79,0000

B. The interest prior to the commencement of the non-guaranteed incidental application

According to the evidence Nos. 15 and 16, the interest prior to the commencement of non-guaranteed unit application amount is recognized as constituting 14,147,298.

C) overdue interest in the non-guaranteed unit application amount

The fact that the defendant acquired the status of the transferee of a combined asset management corporation under an asset acquisition agreement concluded on March 4, 2010 between the Han Bank and the Yonhap Asset Management Corporation on March 30, 2010 and acquired all of the loans owed by the Han Bank to the Dong-dae Group of the Han Bank is as seen above, and according to the evidence Nos. 10, 20, and 22, the overdue interest rate applied by the Han Bank to the loan claims can be acknowledged as follows. Thus, it is reasonable to view that the overdue interest rate applied by the Han Bank to the non-guaranteed incidental application amount is based on the overdue interest rate applied by the Bank to the loan claims.

From January 11, 1999 to December 28, 2011, which was included in the main sentence, the lower of the interest rate of 8.0% and 17.0% between 9.0% and 17.0% from January 11, 2011 to December 29, 201, the interest rate of 3 months or less from the delay period of less than 3 months to less than 17.0% in arrears period of less than 3 months, and the higher interest rate between 17.0% in the bank account and trust account, and the interest rate of 19.0% in arrears, whichever is later than 7.0% in the interest rate of 17.0% in the trust account and 17.0% in the lower interest rate of 17.0% in the trust account and 19.0% in the higher interest rate of 19.0% in the trust account.

If so, according to the applicable interest rate for each non-guaranteed unit which is recognized by the statement in Eul No. 17, the interest rate applied to each non-guaranteed unit shall be calculated as follows:

The amount of 50,00,000 annual 172,370,000,000 annual 19.6: 17.370,000 annual 19:370,000,000 annual 19.370,000 annual 198.7.93 annual 16.41,85,000 annual 196.7.75 annual 196.75 annual 197.75 annual 20,000 annually 196.7.75 annual 20,000 annually 196.41,84,80,000 annual 19.75 annual 196.75 annual 20,000 annually 19.720,00 annual 193.55 annual 20,000; 36.75 annual 196.375 annual 196.65 annual 197.375 annual 198

Therefore, according to the above overdue interest rate, the overdue interest accrued from October 26, 2009, which was the date the decision to commence the rehabilitation procedure of this case, to November 13, 2013, which was the date the distribution was made, for non-guaranteed unit application amount is calculated as follows (one thousand one hundred and forty7,867,197).

5. Of 26 October 26, 2009. 201. 28 December 29, 201.29-11. 13.206,657, 179,5200 annual interest rate (%) 150,00,000; 197; 179,520,547; 1636,976,94,570,000 annual 1967,967,967,94,520 annual 1967,967,975,967,520,520 annual 167,94,520,520 annual 167,964,57,57,570,505,57,57,500

D) Sub-committee

If so, at the time of November 13, 2013, the distribution date, the defendant's non-guaranteed loan claim amounting to 2,753,813,495 won in total (=1,591,79,000 won in non-guaranteed unit application amounting to 14,147,298 + overdue interest for non-guaranteed unit application amounting to 1,147,867,197).

3) As seen earlier, the Defendant’s non-guaranteed loan claims amounting to KRW 2,645,771,310 as of the date of allocation according to the public auction procedure of the instant case at the time of allocation to be appropriated in the first priority order in accordance with the appropriation order set out in the contract for partial transfer of the right to collateral security of the instant case, as seen in the foregoing paragraph (2). As such, the fact that the Defendant’s non-guaranteed loan claims amounting to KRW 2,75,771,310 as of the date of allocation exceeds the above allocation amounting to KRW 2,753,813,495 is as follows. Thus, there is no amount that the Plaintiff is entitled to share from the instant distribution amount without the need to examine the details of appropriation according to the following order

5. Conclusion

Therefore, the part of the plaintiff's primary claim among the lawsuit of this case is dismissed as illegal, and the remaining claims of the plaintiff are dismissed as it is without merit. It is so decided as per Disposition.

[Attachment]

Judges Hong-jin (Presiding Judge)

Note 1) A loan meeting the terms and conditions of guarantee set forth in the terms and conditions of guarantee, consisting of a share of liability for guarantee and a share of creditor responsibility (Article 3 subparag. 6 of the Terms and Conditions of Credit Guarantee (No. 14-1)).

2) The term “instant rehabilitation procedure” refers to the interest, overdue interest, delay damages, penalty, etc. accrued on rehabilitation security rights and rehabilitation claims by no later than the date immediately preceding the date the instant rehabilitation procedure begins ( October 26, 2009), which is fixed as at the time of inspection or special inspection date.

3) The term “interest” refers to interest and delay damages incurred as to the principal due from the date of the instant rehabilitation procedure commencement order ( October 26, 2009) to the time the principal repayment of rehabilitation security rights, rehabilitation claims, etc. is completed.

Note 4) Calculation Form of the dividend agreement submitted by the Defendant (Evidence No. 15)