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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.
Reasons
1. Basic facts
A. On June 30, 201, the Plaintiff entered into a credit guarantee agreement and entered into a credit guarantee agreement with B and B on the debt of KRW 40,000,000 (80%) out of KRW 50,000,00,00 for a loan to general business operation funds, and issued a credit guarantee agreement with respect to its subordinate obligations. B obtained a loan equivalent to the above guaranteed amount from the dong branch of the National Bank with the said guarantee agreement as security. (2) On March 29, 2013, the Plaintiff entered into a credit guarantee agreement with B and B on the debt of KRW 50,50,000 (85%) out of KRW 50,00 for a loan to general business funds, and issued a credit guarantee agreement with respect to the said subordinate obligations, and B obtained a loan equivalent to the guaranteed amount from the dong branch of the National Bank as security.
3) On April 30, 2013, a credit guarantee accident occurred in the natural body B as of April 30, 2013. On September 16, 2013, the Plaintiff paid KRW 41,101,764, and KRW 44,030,954, respectively, according to the credit guarantee agreement under paragraph (1) and (2) at the Dong branch of a national bank, pursuant to the credit guarantee agreement under paragraph (1). B’s disposal disposition 1) B borrowed KRW 20,000,000 from the Plaintiff on June 1, 2012, and repaid KRW 30,000,000 including interest after six months.
2) However, B failed to perform the above arrangement, and on January 14, 2013, B prepared a loan certificate and a written statement of intent to repay up to February 15, 2013, and delivered it to the Defendant on January 31, 2013, and failed to comply with it. Ultimately, on February 27, 2013, B created a right to collateral security with a maximum debt amount of KRW 30,000,000 for each real estate indicated in the separate sheet owned by the Defendant on February 27, 2013, and completed the registration (including the registration of establishment of a mortgage as stated in the purport of the claim) on the same day. (C) At the time of the establishment of the said right to collateral security, B was in excess of the debt at the time of the establishment of the above right to collateral security (1) and each of the above real estate was commenced on August 19, 2013.
2 Each of the above immovables.