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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. From October 207, C had a debt of KRW 100 million to D as of April 15, 2010 due to the Plaintiff’s monetary transaction relationship with D, the Plaintiff, from around October 2007, but the Plaintiff paid KRW 100 million to D in subrogation of C on April 15, 2010. In addition, the Plaintiff loaned KRW 100 million to C on October 17, 2009, KRW 50 million, and KRW 30 million on January 26, 2010, and KRW 100 million on February 5, 2010.
B. On February 20, 2009, C and the Defendant invested the volume of KRW 70 million from around February 20, 2009, and the Defendant operated F in Seo-gu, Gwangju by investing the volume of KRW 120 million, thereby closing the said F on December 28, 201.
C. The Defendant’s instant loan and Plaintiff’s repayment 1) The Defendant is a National Bank of Korea Co., Ltd. (hereinafter “National Bank”) on August 30, 2010.
(1) The loan interest rate of KRW 200 million was set at a rate of fluctuation according to the basic terms and conditions of bank loan transaction (hereinafter “instant loan”). The loan amount of KRW 200 million that the Defendant borrowed from a national bank due to the instant loan is KRW 200 million.
(2) As a security for the Defendant’s instant loan, the Plaintiff established a pledge on a fixed term deposit (Account Number: G) claim 200 million won against the Plaintiff’s National Bank, with respect to the Plaintiff’s National Bank holding concurrent office as the creditor, the obligor, the Defendant, the person who created a pledge, and the collateral limit of KRW 260 million. (2) On August 30, 2010, the Defendant remitted the instant loan amount of KRW 200 million to the Plaintiff.
3. The Defendant failed to repay the instant loan to the National Bank after the lapse of one year from the loan period of the instant loan. On March 30, 2012, after the loan period of the instant loan expires, the Plaintiff repaid the instant loan to the National Bank in full on behalf of the Defendant as a surety to secure another’s property on the instant loan.
C.