1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. On June 23, 2014, the Plaintiff entered into the instant credit guarantee agreement with C (Nonindicted Company) as of October 22, 2014, with the credit guarantee principal of KRW 130,90,00,000, and the term of guarantee (130,900,000,000, and the term of guarantee was October 21, 2014), and issued each of the credit guarantee agreements following the agreement (as of October 22, 2014, around October 22, 2014, the term of guarantee of KRW 125,80,000,00, with the guaranteed principal of KRW 121,50,50,000, and the term of guarantee was modified as of November 9, 2015).

According to the credit guarantee agreement of this case, when the plaintiff performs the guaranteed obligation, the non-party company is obliged to pay to the plaintiff the amount of the guaranteed obligation and damages for delay, penalty, and substitute payment according to the interest rate determined by the plaintiff.

B jointly and severally guaranteed the obligation to be borne by the non-party company to the Plaintiff in accordance with the instant credit guarantee agreement.

B. On May 19, 2016, a credit guarantee accident occurred on the grounds that a new bank borrowed KRW 154,000,000 from a new bank under the said credit guarantee agreement as a general loan for business.

Accordingly, on February 21, 2017, the Plaintiff subrogated 124,867,933 won to the new bank.

As such, the Plaintiff incurred penalty of KRW 1,137,570 and the substitute payment of KRW 5,154,466 as a result of the Plaintiff’s performance of the guaranteed obligation. Accordingly, the amount of indemnity to be paid to the Plaintiff by the Nonparty Company due to partial recovery of the substitute payment and principal is KRW 116,115,113,540 (i.e., substitute payment of KRW 114,815,741 and substitute payment of KRW 5,154,466 - recovered substitute payment of KRW 5,02,49 and liquidated penalty of KRW 1,137,570 and KRW 8,262). The interest rate for delay determined by the Plaintiff is 10% per annum from February 1, 2016.

C. B, on March 18, 2015, entered into a sales contract of KRW 268,00,000 (the instant sales contract) with the Defendant, who omitted the real estate (the instant apartment) listed in the separate sheet, and completed the registration of ownership transfer on the ground thereof.