1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 7, 2012, the Plaintiff entered into a credit guarantee agreement and the occurrence of a guarantee accident (former title: B; hereinafter “A”) with Company A (former title: B; hereinafter “A”).

(A) between A and a new bank (hereinafter referred to as “new bank”)

(C) The term “credit guarantee agreement of this case” refers to the term “credit guarantee agreement of this case” under the term of “credit guarantee agreement” (hereinafter referred to as “credit guarantee agreement of this case”) and the term of “credit guarantee agreement of December 6, 2013” under the term of “credit guarantee agreement of this case” (hereinafter referred to as “credit guarantee agreement of this case”).

(2) On December 7, 2012, A entered into a credit guarantee agreement of this case, A borrowed KRW 1 billion from a new bank on the basis of the letter of guarantee under the credit guarantee agreement of this case, but did not pay the principal on or around December 2015, A lost the benefit of time for the loan.

3) On March 24, 2016, pursuant to the instant credit guarantee agreement, the Plaintiff subrogated to the new bank for KRW 658,927,566 of the principal and interest of the loan of A. (4) The rate of delay damages for subrogation under the instant credit guarantee agreement is 10% per annum. The Plaintiff recovered KRW 171,84,565 out of the principal and interest of the subrogated amount, and the Plaintiff collected KRW 2,41,026.

B. On February 4, 2015, A entered into a mortgage agreement (hereinafter “mortgage agreement of this case”) with the Defendant on the basis of the maximum debt amount of KRW 350 million with respect to the real estate indicated in the separate sheet (hereinafter “instant real estate”), and on the same day, A completed the registration of establishment of a neighboring mortgage (hereinafter “registration of establishment of a neighboring real estate”).

C. On the other hand, on November 2, 2016, the procedure of voluntary auction of real estate was initiated in Suwon District Court Branch Branch C and D as to the instant real estate, and the instant real estate was successful, and the Defendant received dividends of KRW 54,017,55 as a mortgagee on September 7, 2017, and the distribution schedule was formulated. The Plaintiff filed a lawsuit of demurrer against distribution against the said fact.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 10, 12, and 13 respectively.