1. The plaintiff's claim is dismissed.

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

Basic Facts

On January 23, 2007, the Defendant (Seoul Life Insurance Co., Ltd.) loaned KRW 2,200,000,000 to B for a period of three years until January 23, 2010 (hereinafter “instant loan 1”). On the same day, C Co., Ltd. (hereinafter “Nonindicted Company”) in which B was the representative director, and the Plaintiff jointly and severally guaranteed the said loan obligations.

In addition, on January 23, 2007, with respect to the first loan of this case, the Plaintiff completed the registration of creation of the right to collateral security (hereinafter “instant right to collateral security”) with respect to the Defendant, which is the obligor B, with respect to the 1st apartment of Seocho-gu Seoul Metropolitan Government D Apartment No. 104, 702 (hereinafter “instant apartment”).

B on January 21, 2010, the repayment date of the instant loan No. 1 was extended, and the borrower was requested to change the loan obligor from the non-party company to the non-party company. The defendant accepted the above request and entered into a new loan contract with the non-party company on February 2010 to lend KRW 2,200,000 between the non-party company and the non-party company on January 23, 2012 (hereinafter “the instant loan No. 2”), and on the same day, B guaranteed the above loan obligation of the non-party company.

With respect to the second loan, on February 22, 2010, the registration of the change of the right to collateral security (hereinafter “registration of change of the right to collateral security”) was completed on January 20, 2010 when the debtor of the instant apartment as to the instant apartment was changed to the non-party company.

When the non-party company delayed the repayment of principal and interest of the second loan, the defendant applied for a voluntary auction on March 28, 2013 (Seoul Central District Court E), and through the above auction procedure, the amount of KRW 1,95,148,272 was distributed from December 2013 and appropriated for the repayment of principal and interest of the second loan.

After that, the Defendant against the Plaintiff the principal and interest of the instant second loan against the non-party company as of May 29, 2014.