1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 22, 2011, the Defendant obtained a loan of KRW 220 million from the Hansan Credit Union under the name of the Defendant (hereinafter “instant loan”). On the same day, the Plaintiff created a right to collateral security against the debtor with regard to the amount of debt for the loan, which is owned by the Plaintiff, with respect to the amount of debt for the amount of KRW 1534 square meters (hereinafter “instant land”).

B. On February 19, 2014, the Korea Industrial Credit Union requested a voluntary auction based on the foregoing right to collateral security and received a decision to commence a voluntary auction (D) on the instant land from the Jung-gu District Court Goyang Branch.

C. After December 12, 2014, the Plaintiff subrogated KRW 307,021,01 of the instant loans to the Korea Industrial Credit Union in order to prevent the progress of the said voluntary auction procedure.

[Reasons for Recognition] Unsatisfy, Gap 1 through 4, 7 through 10, the purport of the whole pleadings

2. The parties' assertion

A. The principal debtor of the loan of this case alleged by the plaintiff, who is the principal debtor of the loan of this case, made a person who has pledged his property to secure another's obligation to pay the above amount of 307,021,011 won by subrogation to the Korea Industrial Credit Union.

B. The Defendant’s assertion is the actual principal debtor E, and the Defendant merely lent only the name of the debtor to E.

3. Determination

A. In a case where a third party has used his name in obtaining a loan from a financial institution related to the relevant legal principles, regardless of whether he is liable as a principal debtor to the financial institution that is the creditor, in an internal relationship, he cannot be deemed as a principal debtor as a matter of course for a joint and several surety who has performed his joint and several liability unless the principal debtor is in substance, and the joint and several surety is believed to be the principal debtor and guaranteed by the third party.