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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On January 22, 2013, the Plaintiff and Nonparty B (hereinafter “Nonindicted Party”) entered into a guarantee insurance contract for the payment of the amount of credit on the basis of the product supply contract that the Nonparty entered into with Nonparty A Co., Ltd. (hereinafter “Nonindicted Company”) with Nonparty B (hereinafter “Nonindicted Party”).
Sheshe failed to pay the credit amount to the non-party, the non-party company claimed insurance money on April 12, 2013 to the plaintiff. The plaintiff subrogated to the non-party company for KRW 29,941,618 on May 10, 2013.
Fidelity Plaintiff filed a lawsuit against Nonparty on the claim for reimbursement ( Daejeon District Court Decision 2013Da16545) and won the judgment. On September 18, 2013, the said judgment became final and conclusive.
B. (1) On January 21, 2013, the Nonparty and the Defendant entered into a sales contract of ices (hereinafter “instant sales contract”) with the Defendant operating E agency on the part of the representative of D in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and the Nonparty did not provide the Defendant with the guaranty insurance policy to be provided under the instant sales contract.
Luxembourg Accordingly, the Nonparty and the Defendant concluded a mortgage agreement with the maximum debt amount of KRW 30,000,000 regarding each real estate listed in the separate sheet on February 13, 2013 (hereinafter “instant mortgage agreement”) as a security regarding ice and the sales proceeds, etc. based on the sales contract of the instant case, and completed the registration of creation of a neighboring mortgage (hereinafter “instant collateral security agreement”) with the mortgagee of the Incheon District Court on March 14, 2013 as the receipt of No. 12932 on March 14, 2013.
C. At the time of entering into the instant mortgage contract, the Nonparty owned 106,00,000 won on the first floor of the 8nd floor of the G G building on three lots outside FF at the time of strike in addition to the instant real estate (market price of KRW 74,00,000).