1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 26, 2012, the Defendant lent KRW 100 million to E for the purpose of establishing and operating the StateF (hereinafter “instant company”) and served from the said company until January 2014.

(B) evidence 1, 2-1 to 4, and witness E.

Around January 2, 2014, the Defendant demanded the return of the above KRW 100 million to E, and around January 2, 2014, E demanded the Defendant, E, the obligor, and E’s wife, as joint and several sureties, to prepare a loan certificate with the loan amount of KRW 100 million.

(No. 3). (c)

On January 8, 2014, E and A completed the registration of creation of a collateral (hereinafter “instant collateral security”) of the maximum debt amount of KRW 100 million on the ground of the contract to establish a mortgage on January 7, 2014 with respect to G apartment No. 1008, Dong-gu, Gwangju (hereinafter “instant real estate”) owned by the Defendant on January 8, 2014.

At the time of the establishment of the instant right to collateral security, the instant real estate was respectively set up nine million won with the maximum debt amount of KRW 106,800,000 as the mortgagee, and KRW 20,000,000 as the maximum debt amount of KRW 106,80,000, which is the mortgagee of the said right

On the other hand, on January 28, 2015, Han Capital Co., Ltd. transferred the right to collateral security No. 9 to Gwangju Senior Marshall loan.

(A) No. 4. D.

On April 20, 2015, A made a bankruptcy and application for immunity to the Gwangju District Court. On November 18, 2015, the above court declared bankruptcy to A as of November 2015, and appointed A as a bankruptcy trustee of the bankruptcy debtor A (hereinafter referred to as "bankruptcy debtor") on the same day.

(A) Evidence No. 1, e.

On June 9, 2015, the Gwangju District Court rendered a decision to commence voluntary auction on the instant real estate (Seoul District Court DD), and on February 5, 2016, the Gwangju District Court rendered a decision to commence voluntary auction on February 5, 2016, KRW 181,90 in Gwangju Mine-gu, KRW 106,80,000 in Seonam Agricultural Cooperative, KRW 20,800 in the Gwangju Family Court loan, and KRW 86,643 in the Defendant.