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The plaintiff's primary and conjunctive claims are all dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. (1) The Plaintiff is a credit guarantee agreement with Nonparty C and the guarantee period from October 18, 2016 to October 15, 2021, with respect to receiving a loan of KRW 20 million from D Bank on October 18, 2016 (hereinafter “the instant credit guarantee agreement”). The Plaintiff is a credit guarantee agreement with Nonparty C and the guarantee period from October 18, 2016 to October 15, 2021.
(2) On February 16, 2019, C entered into a credit guarantee contract of this case. As a result, C was unable to repay the above loans to D Bank, and the Plaintiff subrogated for KRW 13,775,675 as to the principal and interest of loan of this case under the credit guarantee contract of this case on June 13, 2019.
3) The Plaintiff’s respective real estate listed in the separate sheet owned by C (hereinafter “each of the instant real estate”).
(4) On July 11, 2019, the Plaintiff filed an application against C for a payment order for reimbursement of KRW 13,066,850 with the claim amounting to KRW 13,06,850 under the instant payment order, and completed the registration of provisional seizure on the same day upon receipt of the ruling on March 18, 2019. (4) On July 11, 2019, the Plaintiff received the payment order for KRW 13,696,600 from the following day to the date of delivery of the payment order to the Plaintiff and KRW 13,610,789 with respect to KRW 13,00 per annum from the day of delivery of the payment order to the day of full payment (hereinafter “instant payment order”) and received the payment order at the rate of 12% per annum from the day of July 6, 2019 to the day of full payment (hereinafter “instant payment order”).
B. As to each of the instant real estate, C: (a) on July 17, 2017, the establishment of the right to collateral security with the Defendant (hereinafter “instant right to collateral security”); (b)
(2) On July 18, 2018, the Chuncheon District Court concluded a registration of establishment of a collateral security right with a maximum debt amount of KRW 70 million on the ground of the instant contract to establish a collateral security right, which was received on July 18, 2018, and completed the registration of establishment of a collateral security right with respect to each of the instant real property.