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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. 1) The Plaintiff entered into a credit guarantee agreement of this case (hereinafter “the instant credit guarantee agreement”) with C as of June 17, 2016, in order to guarantee the fulfillment of the obligation of a loan to be borne by C with a loan from E bank (hereinafter “the instant credit guarantee agreement”).
(2) C concluded a credit guarantee agreement of this case, and C submitted a credit guarantee certificate issued pursuant to the credit guarantee agreement of this case and received a loan from E bank. (2) The representative director D of C jointly and severally guaranteed the obligation to be borne by C to the Plaintiff according to the credit guarantee agreement of this case.
3) On April 19, 2016, the Plaintiff was notified by E Bank that C has lost the benefit of time due to the loan obligation. On September 5, 2016, the Plaintiff subrogated the E Bank to pay KRW 2,887,758,606 for the principal and interest of loan to E Bank. 4) After then, the Plaintiff filed an application for payment order against C and D as the Changwon District Court 2016 tea5373.
B. C entered into a mortgage agreement with Defendant A on September 12, 2016, with regard to real estate indicated in the attached Tables 1 and 2 (hereinafter “instant first contract”). As to the real estate indicated in the attached Tables 1 and 1, the Changwon District Court Kimhae-si Office, received the maximum debt amount of KRW 1,510,000,000 from September 12, 2016 (hereinafter “instant first collateral mortgage”); and the registration of the establishment of a mortgage agreement with Suwon District Court as to the real estate indicated in the attached Tables 2 and 2, and the registration of the establishment of a mortgage agreement with the Suwon District Court was completed on September 12, 2016, with regard to the registration of the establishment of a mortgage agreement of KRW 1,510,00,000 (hereinafter “the instant first collateral mortgage”).
(hereinafter “instant collateral security”) C.
D Concluding a mortgage contract between D and Defendant B, on May 10, 2016, entered into a mortgage contract with Defendant B as to real estate listed in attached Form 3 (hereinafter “instant second contract”), and on May 11, 2016, the Suwon District Court of the Republic of Korea (U.S.) registry office.