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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On September 7, 2012, the relationship between the parties (1) the Japan Savings Bank Co., Ltd. (hereinafter “Seoul Central District Court”) was declared bankrupt on September 7, 2012, and the Plaintiff was appointed as the bankruptcy trustee.
(2) The defendant is the mother of B.
B. On April 1, 2010, Nonparty Bank entered into a credit transaction agreement between B and C on April 1, 201, with a limit of KRW 2 billion, the expiration date of the extension period (which was extended to April 1, 2012), the interest rate of KRW 18% per annum, and the interest rate of KRW 30% per annum (hereinafter “credit transaction agreement”). Accordingly, Nonparty Bank loaned KRW 1,33,00,000 to C.
(2) On April 1, 2011, B entered into a contract for collateral guarantee to the extent of KRW 2.8 billion for the obligations of Nonparty Bank under the said credit transaction agreement with Nonparty Bank.
(3) On April 1, 2012, C lost the benefit of time as to the above loan obligations.
(4) On July 3, 2014, the Plaintiff filed an application for provisional attachment against B with the Seoul Central District Court 2014Kadan805974, and rendered a provisional attachment order on July 16, 2014.
(5) On November 19, 2015, the Plaintiff filed an application with the Seoul Central District Court for a payment order with the Seoul Central District Court 2015 tea290373 against C and B, who are the principal debtor, and the said court rendered on December 10, 2015, “C and B shall jointly and severally pay to the Plaintiff KRW 535,00,000,000 and delay damages therefor,” the payment order was finalized against B as it is.
C. On June 17, 2014, on June 17, 2014, the Defendant’s creation of a collateral security and the sale of B’s real estate (1) B completed the registration of the establishment of a collateral security with the maximum debt amount of KRW 81 million to the Defendant, his mother, who is the Plaintiff, on June 17, 2014 (hereinafter “instant real estate”).
(2) On November 15, 2014, B entered into a sales contract with E to sell the instant real estate at KRW 315 million. Accordingly, E on November 17, 2014.