1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On July 22, 2011, the Plaintiff entered into a credit guarantee agreement with A as follows.

(hereinafter referred to as "credit guarantee contract of this case"). Guarantee number: 50,000,000 won guarantee period: National bank loan amount: 50,000,000 won: when the Plaintiff performed a guarantee obligation on July 20, 2012, bank A is required to repay damages calculated by multiplying the performance amount and the rate prescribed by the Plaintiff from the date of performance of the guarantee obligation to November 30, 2012 (15% a year from June 1, 2005 to December 11, 2012) by the rate prescribed by the Plaintiff (12%) from the date of performance of the guarantee obligation to the date of repayment.

B. A obtained a loan of KRW 50,00,000 from a national bank as a security for a guarantee under the instant credit guarantee contract. On November 21, 2012, A, including those in arrears with a credit card use payment obligation on a new card, was incurred, and thereafter, delayed payment of a loan obligation against A Capital, National Card, and Hyundai Capital, etc. was incurred on February 27, 2013.

On May 9, 2013, the Plaintiff subrogated to the above national bank of KRW 50,246,849 in total for the principal and interest of the loan of KRW 8,06,08 after recovering KRW 8,061,00. As of February 26, 2014, the Plaintiff’s claim for indemnity against A for the remaining amount of subrogated payment of KRW 42,663,261 in total, KRW 463,136,191 in total, KRW 843,830 in subrogation, and KRW 47,643,282 in total.

C. However, on May 23, 2012, A concluded the instant mortgage contract with the Defendant, the obligor, and the maximum debt amount of KRW 100,000,00 with respect to the instant real estate, and completed the registration of establishment of a neighboring mortgage to the Defendant on June 1, 2012.

On June 28, 2012, the Plaintiff and A changed the credit guarantee term of the instant credit guarantee contract from July 20, 2012 to July 19, 2013.

E. After that, the instant auction procedure was conducted with respect to the instant real estate, and the Plaintiff was the Defendant.