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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. A. Around November 24, 2009, the New Bank Co., Ltd. (hereinafter the “New Bank”) entered into a credit transaction agreement with C Co., Ltd. (hereinafter the Nonparty Co., Ltd.) with a “general loan” and with a maximum credit amount of KRW 90 million (hereinafter the “first agreement”). Around that time, as a limited collateral, the New Bank was established a collateral security (hereinafter the “mortgage”) with a maximum credit amount of KRW 108,000,00 with respect to E No. 1302, 200,000, the representative director of the Non-Party Co., Ltd. (hereinafter the “the instant real property”).
B. Around April 8, 2011, the new bank entered into a credit transaction agreement between the non-party company with the “comprehensive passbook loan” and the “credit limit amounting to 300 million won” (hereinafter the “second agreement”). Around that time, as a collateral guarantee, the Defendant received a credit guarantee agreement with the Defendant in which the guaranteed amount is KRW 270,000,000.
C. Around April 19, 2013, a new bank entered into a credit transaction agreement with the non-party company (hereinafter “non-party company’s free loan”) with the credit subject at least KRW 36 million, and the credit limit at KRW 30 million (hereinafter “third agreement”). Around that time, as a limited collateral, a mortgage (hereinafter “mortgage”) with the maximum debt amount at KRW 36 million was additionally established regarding the instant real estate.
After that, upon the request of the new bank, the auction procedure for the sale of real estate was initiated through A and B with respect to the instant real estate. On April 9, 2015, the Plaintiff acquired all the claims under each credit transaction agreement against the non-party company of the new bank upon the application of the new bank: ① on the date of distribution on April 9, 2015, the Plaintiff received dividends of KRW 136,860,680,000, which is the maximum debt amount of the said mortgage among KRW 136,860,684, which is the sum of KRW 101,289,827, and KRW 35,857, which is the maximum debt amount of the said mortgage under the first agreement; ② on the basis of the second mortgage, the Plaintiff received dividends of KRW 32,797,746 under the third agreement.
(e).