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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff’s claim for reimbursement against C 1) The Plaintiff Company D (hereinafter “Nonindicted Company”)
(1) In accordance with C’s request for guarantee, the non-party company is a corporation E Bank (hereinafter “E Bank”) under C’s joint and several guarantee.
(2) On December 8, 2011, the Company made a credit guarantee agreement with an enterprise bank for each obligation to be borne with a loan as follows, and issued a letter of credit guarantee. On December 15, 201, the first guarantee of the amount of loan extended on the date of guarantee payment by the lending institution as of the date of guarantee payment, 206,50,000, E Bank December 8, 2017, the second guarantee of 206,500,000, December 19, 2011, E Bank lost its respective interest on the loan extended on December 10, 19,000,000,000 for E Bank as of December 10, 200,0000,003, as of April 20, 2013, 2015, respectively.
On June 13, 2017, the Plaintiff paid to a corporate bank KRW 170,985,669, including overdue interest due to the third guarantee, and KRW 226,982,092, including overdue interest due to the first guarantee and the second guarantee to E bank on June 15, 2017.
3) On June 13, 2017, the Plaintiff collected KRW 668,182 out of the amount of subrogation by a corporate bank from a non-party company, and KRW 1,419,960 out of the amount of subrogation by the E bank from C on June 15, 2017. (b) On November 16, 2016, C concluded a mortgage agreement with the Defendant on the establishment of a collective security right and the auction of real estate from the amount of subrogation by the E bank (hereinafter “instant real estate”). On November 16, 2016, C concluded a mortgage agreement between the Defendant and the mortgagee, C, the obligor, the maximum debt amount, KRW 300,000,00 (hereinafter “instant mortgage agreement”). On November 16, 2016, the Incheon District Court completed the registration of the establishment of a mortgage in the future of the Defendant as the receipt of No. 42757, Nov. 16, 2016.
2 With respect to the instant real estate, the procedure for the auction of real estate was in progress to Incheon District Court B, and on October 23, 2018, the mortgagee was the mortgagee on the date of distribution.