1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

1. Facts of recognition;

A. On February 201, the Gyeonggi Credit Guarantee Foundation concluded a credit guarantee agreement between the Plaintiff and the Plaintiff as of February 1, 201 with a credit guarantee principal of KRW 21,250,00, and as of February 1, 2016 (hereinafter “the instant credit guarantee agreement”) and issued a written credit guarantee agreement. According to the instant credit guarantee agreement, when the Gyeonggi Credit Guarantee Foundation performs its guaranteed obligations, the Plaintiff would pay to the Gyeonggi Credit Guarantee Foundation the amount of its guaranteed obligations and the damages for delay based on the rate of damages determined by the Plaintiff from the date of its payment, ② the Gyeonggi Credit Guarantee Foundation’s payment of the legal procedure expenses incurred in the enforcement or preservation of its rights by performing its guaranteed obligations.

The rate of delay damages determined by the Gyeonggi Credit Guarantee Foundation shall be 14% per annum from September 17, 2012 to the date of the closing of the argument in this case.

B. The Plaintiff submitted the credit guarantee statement to Nonghyup and received a loan of KRW 25 million.

C. However, when a credit guarantee accident occurred on June 2, 2012 due to the Plaintiff’s principal and interest, the Gyeonggi Credit Guarantee Foundation subrogated for KRW 20,176,423 to the Nonghyup on September 17, 2012, and paid KRW 463,840 as the legal procedure cost for preserving the claim for reimbursement and recovered KRW 400,200 among them.

On April 20, 2012, the Plaintiff entered into a mortgage agreement (hereinafter “mortgage agreement”) with the Defendant as to the real estate recorded in the separate sheet (hereinafter “instant real estate”) which is the only real estate for which he/she is the Defendant, and completed the registration of establishment of a collateral (hereinafter “registration of establishment of a collateral”) with the Seoul Northern District Court (Seoul Northern District Court Decision 32960, Apr. 20, 2012) regarding the maximum debt amount of KRW 30 million (hereinafter “registration of establishment of a collateral”).

At the time of the instant mortgage contract, the Plaintiff was in excess of the obligation.

E. The Gyeonggi Credit Guarantee Foundation, which has a claim for indemnity against the Plaintiff, asserts that the mortgage contract of this case is a fraudulent act against the Defendant.