1. The plaintiff's claim is dismissed.

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

Facts of recognition

A. On December 28, 1996, E Co., Ltd. (the trade name before the change was “F” and “E”; hereinafter “E”) loaned KRW 60 million to the network H (the deceased on June 4, 2014; hereinafter “the network”) at the maturity of payment on December 28, 1999; the interest rate of KRW 17.5% per annum; and the interest rate of KRW 25% per annum.

(hereinafter “instant loan”). (b)

On the other hand, on December 28, 1996, the Defendant jointly and severally guaranteed the Defendant’s loan obligation of this case against E.

In addition, on December 26, 1996, in order to secure the loan obligation of this case to E, the Defendant set up a maximum debt amount of KRW 84 million and a mortgage (hereinafter “mortgage”), which is the debtor and the deceased, on the Gangseo-gu Busan Metropolitan Government I to 255 square meters and its ground buildings, etc. owned by the Defendant, and set up the mortgage (hereinafter “mortgage”).

C. Upon the deceased’s delinquency in paying the principal and interest of the instant loan obligation, E applied for an auction of real estate based on the instant right to collateral security with the Busan District Court J around July 2003, and received dividends from the auction procedure of real estate rent (hereinafter “instant auction procedure”) which commenced accordingly.

As the dividend was appropriated to the principal and interest of the instant loan obligation, the loan obligation of this case remains KRW 77,944,777 as interest or interest in arrears (hereinafter “interest in arrears”). D.

E filed an application for payment order with the Defendant and the Deceased for payment of KRW 77,94,777,00,00 for the remaining interest, etc. on the instant loan obligation, around December 2008, Busan District Court 2008,32860.

On December 24, 2008, the above court issued the payment order. The above payment order was served on January 5, 2009 on the defendant and confirmed on January 20, 2009, but E withdrawn the application against the deceased on April 24, 2009.

E. E is a new payment order seeking payment of KRW 77,944,777, the remaining interest, etc. on April 24, 2009 against the Deceased as Busan District Court Decision 2009j11341.