1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. As to the instant real estate owned B on September 19, 2003, the Defendant completed the registration of creation of a mortgage of the instant maximum debt amount of KRW 60,00,000.

B. The Plaintiff entered into a credit guarantee agreement with B on March 26, 2001, and the Plaintiff subrogated for KRW 13,351,324 on August 30, 2006, which did not repay the loan obligations under the above agreement.

On April 18, 2012, the Plaintiff filed a lawsuit against B with Changwon District Court No. 2012Gau4784, and sentenced that “B shall pay to the Plaintiff the amount of KRW 13,598,904 and KRW 13,351,324, whichever is applicable, 15% per annum from August 30, 2006 to March 27, 2012, and 20% per annum from the next day to the date of full payment.” The above judgment became final and conclusive.

(c) B is in excess of obligations.

[Ground of recognition] Facts without dispute, Gap 1 through 11, Eul 8 and 9 (including additional numbers), the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff asserts that the main purport of the plaintiff's assertion is that the secured debt of the establishment registration of the neighboring mortgage of this case should be cancelled due to the expiration of extinctive prescription.

In this regard, the defendant asserts that the extinctive prescription has not been completed due to the interruption of the extinctive prescription due to claims and approval.

B. According to the facts acknowledged prior to the judgment, Gap evidence No. 11, Eul evidence No. 11 and Eul evidence Nos. 1 through 9 (including paper numbers), and the purport of the whole pleadings, the defendant loaned to Eul the total amount of KRW 60,00,000 per annum from B on December 10, 2002, KRW 5,000,000 on January 2, 2003, KRW 15,000 on January 10, 2003, and KRW 60,000,000 on January 15, 2003, and the defendant lent the total amount of KRW 60,000,000 on August 20, 203.

"A person who was prepared and delivered a certificate of borrowing, who did not repay the loan after the maturity date B, the defendant completed the registration of establishment of the neighboring mortgage of this case in order to secure the above loan claims, and B shall be the defendant on July 17, 2008.