1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) entered into a credit guarantee agreement with the Plaintiff with respect to the obligation of loans to financial institutions, and B jointly and severally guaranteed C’s indemnity liability when the Plaintiff subrogated for the obligation of the C’s loan in accordance with the said credit guarantee agreement.

B. On October 13, 2016, B sold the instant real estate in KRW 72 million to the Defendant (hereinafter “instant sales contract”) and thereafter, the registration of transfer of ownership in the name of the Defendant was completed on November 11, 2016, as the Daegu District Court’s registration office received on November 11, 2016.

B. C Co., Ltd. caused a credit guarantee accident on December 20, 2016, and the Plaintiff paid 829,118,337 won to D Bank on March 2, 2017 in subrogation of C according to the said credit guarantee contract, and 559,845,780 won to E Bank on March 7, 2017 by subrogation of C’s loan obligation amounting to 885,102,907 won.

C. The Plaintiff filed with the Daegu District Court an application with C, B, and F for a payment order claiming purchase penalty under the said subrogation payment and credit guarantee contract and legal procedure expenses. On March 14, 2017, the said court issued the payment order with the content that “C, B, and F jointly and severally paid to the Plaintiff KRW 1,401,628,801 and KRW 829,118,37 among them, KRW 10% per annum from March 2, 2017, KRW 559,845,780 from March 7, 2017 to the delivery date of each payment order, and KRW 15% per annum from the next day to the date of full payment,” and the said payment order became final and conclusive at that time.

B At the time of the conclusion of the instant sales contract, the instant real estate was in the absence of particular assets.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The instant sales contract is the legal relationship that serves as the basis of the claim, such as the amount of reimbursement under the above payment order, based on judgment on the cause of claim.