1. The plaintiff's claim is dismissed.

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

According to the statements in Gap evidence Nos. 1 and 2 (including each serial number in case of additional serial numbers), the plaintiff has a claim for delay damages at the rate of 15% per annum from June 14, 2011 to October 6, 2011, and 20% per annum from June 14, 2011 to the date of full payment of 42,713,97 won for indemnity amounting to 42,747 won, and 42,713,97 won for indemnity amounting to Da, and the defendant has a claim for delay damages at the rate of 20% per annum from the following day to the date of full payment. The defendant concluded a contract to establish a mortgage with C on April 27, 2009 for each real estate listed in the annexed sheet (hereinafter "real estate of this case"), and concluded a contract to establish a mortgage with the Daejeon District Court on April 27, 2009 for acceptance of public machinery for main support, etc.

According to the above facts, it is recognized that the ten-year period has elapsed since the establishment date of the right to collateral security of this case.

However, according to the overall purport of evidence Nos. 1 through 6, C established the instant collateral security right on April 27, 2009, and C formed a credit guarantee contract on April 30, 2009 and jointly and severally guaranteed by C under a credit guarantee contract on June 15, 201, D concluded a credit guarantee contract on December 27, 201 with the Defendant to provide the Defendant with the indemnity liability, instead of paying the indemnity liability with the loan granted under a credit guarantee contract by the Defendant. D (hereinafter “D”) concluded a credit guarantee contract on June 27, 201 with the Defendant to provide the indemnity liability as a joint and several surety, and C established the instant collateral security right on April 27, 2009. The Defendant and D concluded a credit guarantee contract on April 30, 2009 and jointly and severally guaranteed by C under a credit guarantee contract with the Defendant on June 15, 201, and the Defendant provided the indemnity liability to the Defendant on June 27, 2012.