1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On January 16, 2006, the Plaintiff received a loan with the interest rate of 11 billion won per annum, interest rate of 24% per annum, due date of repayment as of January 16, 2008 (hereinafter “instant loan obligation”). Nonparty G and H guaranteed the Defendant with the Plaintiff’s above loan obligation amounting to KRW 1.5 billion per annum.

B. On January 17, 2006, the Plaintiff completed the registration of creation of a mortgage on the I land and its ground (hereinafter “instant real estate”) owned by the Plaintiff on January 17, 2006, with respect to the third party’s land and its ground, KRW 1.5 billion against the maximum debt amount, the Plaintiff, the mortgagee, and the mortgagee.

C. On March 13, 2009, the Defendant filed an application for voluntary auction of the instant real estate owned by the Plaintiff on March 13, 2009, following the Plaintiff’s failure to repay the instant loan obligations. Accordingly, the lower court rendered a decision to commence voluntary auction on March 17, 2009.

G borrowed approximately KRW 10.9 billion from the Defendant on June 29, 2009 under the name of K Co., Ltd. (hereinafter referred to as “K”) in which it is the representative director, and on the same day, K repaid KRW 1.1 billion out of the loan debt of this case to the Defendant under the name of K, and the Defendant appropriated the above KRW 1.1 billion to the principal of the loan of this case.

E. On June 29, 2009, the Plaintiff completed the registration of establishment of a mortgage on the instant real estate by the Defendant, the maximum debt amount of KRW 1.1 billion, the debtor K, and the mortgagee, and on the same day, K’s guarantee limit on the said loan obligations against the Defendant as KRW 1.1 billion, and the Defendant jointly and severally guaranteed on September 4, 2009.

The application for voluntary auction mentioned in the subsection was withdrawn.

F. On the other hand, on August 8, 2013, the Defendant filed a lawsuit against the Plaintiff and H seeking payment of KRW 247,597,343, supra, the Cheongju District Court Decision 2013Da18684, supra. On the other hand, the said court deemed the Plaintiff’s defense of extinctive prescription as reasonable on July 18, 2014.