1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. C Co., Ltd. (hereinafter “Nonindicted Company”) entered into a credit guarantee agreement with the Plaintiff on February 13, 2009 and December 12, 2012, 2012, and obtained a loan from our bank. B jointly and severally guaranteed all the obligations owed by Nonparty Company to the Plaintiff under the said credit guarantee agreement. As Nonparty Co., Ltd defaulted on January 6, 2016, the Plaintiff repaid its loan to the Bank of Korea and acquired its indemnity claim against Nonparty Co., Ltd.

B. On September 6, 2017, the Plaintiff filed an application with the Daegu District Court for a payment order against B, as Daegu District Court 2017 tea13972, and the said court rendered the said payment order to the Plaintiff on September 6, 2017, with the payment order for KRW 927,654,124 and delay damages for KRW 921,63,407.

C. Meanwhile, B owned the instant apartment No. 321, 107 (hereinafter “instant apartment No. 1”) in Yangcheon-gu Seoul Metropolitan Government, but sold the said apartment at KRW 1.35 billion to E on June 10, 2015, and completed the registration of ownership transfer on June 29, 2015.

On June 12, 2015, the Defendant entered into a lease agreement with F and F to lease the lease deposit of KRW 200 million, monthly rent of KRW 700,000,000,000 from August 3, 2015 to 24 months. The Defendant paid KRW 9 million on June 12, 2015, KRW 15,000,000,000 on June 15, 2015, and KRW 1880,000,000 on August 3, 2015.

[Reasons for Recognition] Uncontentious Facts, Entry of Evidence A Nos. 1 through 3, the purport of the whole pleadings

2. Assertion and determination

A. The summary of the Plaintiff’s assertion is as follows: (a) the Defendant received each donation of KRW 20 million on June 12, 2015, and KRW 180 million on August 3, 2015, from each of the instant apartment units No. 1 from B in excess of debt (hereinafter “each of the instant donations”) and received from each of the instant apartment units No. 2.