1. The plaintiff A's bankruptcy trustee B's claim against the bankrupt who has taken over the lawsuit from the credit guarantee fund is dismissed;

2...

1. Basic facts

A. A, who operated a wholesale business with the trade name of “D” from March 2010, entered into a credit guarantee agreement with the Korea Credit Guarantee Fund on September 8, 201 with a guarantee principal of KRW 90,000,000, and the guarantee term as of September 7, 2012 with a view to obtaining a loan of KRW 100,000,000 from a bank, and submitted a credit guarantee agreement on the said date to a point free from a national bank, and then received a loan of KRW 100,000,000 on September 7, 2012.

After that, the term of guarantee was extended from September 7, 2012 to September 4, 2015.

B. From August 13, 2015, A violated the above loan transaction agreement on September 5, 2015 due to delinquency in repayment of principal on the part of the interest of the instant loan from August 13, 2015, the Korea Credit Guarantee Fund received a claim from a non-party bank for the performance of the guaranteed obligation, and on December 21, 2015, acquired the right to indemnity against A by subrogated to the non-party bank by paying the principal amounting to KRW 91,509,780.

C. On June 8, 2015, A completed the registration of creation of a collateral (joint collateral) with regard to the Defendant on the ground of a mortgage agreement (the maximum amount of claims 400 million won) on June 5, 2015 regarding the attached list No. 1, 2, and 3 real estate (hereinafter “each of the instant real estate”) indicated in the attached list owned by A, as indicated in the attached list No. 7034, Jun. 8, 2015.

On June 15, 2015, A, a representative director, entered into a contract with the Defendant for advisory fees of KRW 4 million per month, the limit of the corporate card, and KRW 2 million when the contract for advisory fees is terminated, and KRW 300,000,000,000 to the Defendant.

The defendant, on June 12, 2015, shall be 100 million won in the account of the LABD.

6.17.95 million won;

6. 22.10 million won was remitted.

E. On September 25, 2015, A completed the registration of ownership transfer to the Defendant on the ground of a sales contract dated September 23, 2015 with respect to each of the instant real estate as the head of the Gwangju District Court’s regional registry office under Article 12948.

In addition, A is based on the purchase and sale reservation on September 23, 2015 to the defendant with respect to the 4 and 5 real estate listed in the attached list on the same day.