1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

1. On November 2, 2012, the Plaintiff entered into a credit guarantee agreement with B (hereinafter “the instant credit guarantee agreement”) and B obtained a loan from the Industrial Bank of Korea as collateral in accordance with the instant credit guarantee agreement.

The term of guarantee under the instant credit guarantee agreement was changed from November 1, 2013 to November 3, 2014, again to November 3, 2015.

B caused a guarantee accident caused by a natural body on August 1, 2015, and the Plaintiff subrogated for KRW 96,483,306 to the Industrial Bank of Korea on November 11, 2015, based on the instant credit guarantee agreement.

In filing the instant lawsuit, the Plaintiff filed a claim for reimbursement against B on July 1, 2016, and B accepted the claim on July 1, 2016, and the content of the claim is “B shall pay to the Plaintiff 12% per annum from November 11, 2015 to January 4, 2016, with respect to KRW 97,141,421, and KRW 96,483,306 from the following day to the date of full payment.”

B On December 12, 2014, on the same day, the registration of creation of a neighboring mortgage (hereinafter “registration of collateral security”) of the maximum debt amount of KRW 40,000,000 due to the contract establishing the mortgage on the same day (hereinafter “instant collateral security contract”) with respect to the real estate indicated on the attached property, which is the only real estate owned by the Defendant, as the attached property.

Before the registration of the instant collateral security, the establishment registration of the collateral security bank, Korea, Inc., was completed on November 15, 2013, the maximum debt amount of KRW 33,000,000,000.

[Grounds for Recognition: Entry in Evidence Nos. 1 to 9, and the purport of the whole pleadings]

2. The parties' assertion

A. The Plaintiff’s assertion is a fraudulent act, and the Defendant is obligated to implement the registration procedure for cancellation of the instant collateral security registration to restore the original state to its original state.

B. The defendant's assertion that the defendant is a credit service provider, who received the introduction of husband C, which is a local father, and lends KRW 27,00,000 to B.