1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. From July 2014, the Plaintiff supplied the oil sales business, etc. to C who operates the gas station with the trade name of “B gas station” in Busan Shipping Daegu, the Plaintiff supplied the oil to C.

The defendant is a company that has established the purpose business of landscaping construction business.

B. On March 4, 2015, C et al. drafted a loan certificate stating that “The borrowed amount: 150 million won, and the date of borrowing: March 4, 2015, and repayment of borrowed amount: C shall pay to the Defendant the full annual sales of B gas station from March 6, 2015 to the time when the amount reaches KRW 110 million. The Defendant’s security that all oil supplied by the Plaintiff due to the Defendant’s security will be sold after receiving only supply at B gas station, a place of business.”

D. E jointly and severally guaranteed the above obligation to the Defendant of C.

C. On March 5, 2015, the Defendant concluded a mortgage contract (hereinafter “instant mortgage contract”) with respect to the third floor of Busan Shipping Daegu Apartment Co., Ltd. (hereinafter “instant building”) owned by the Defendant in order to secure the Plaintiff’s obligation for oil payment to the Plaintiff, and completed the registration of the establishment of a neighboring mortgage.

[Reasons for Recognition] Unsatisfy, Eul-2 to 7 evidence, the purport of the whole pleadings

2. The parties' assertion

A. In order to guarantee C’s obligation to the Plaintiff, the Defendant entered into a mortgage contract of this case and entered into a joint and several guarantee contract for the said obligation.

Therefore, as a joint and several surety, the defendant is obligated to pay C's debts of KRW 160,754,287 and damages for delay.

B. The Defendant’s assertion C, E, and D jointly operated a gas station.

C, etc. provided the instant building to G of the Defendant Company as collateral and additionally supplied oil from the Plaintiff, the sales proceeds shall be paid to all the Defendant and KRW 110 million shall be paid to the Defendant until March 20, 2015.