1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On January 11, 2013 and August 1, 2013, the Plaintiff entered into a credit guarantee agreement with the content that guarantees the net C’s obligation to a loan to the Nonghyup Bank by determining the net C as the guaranteed amount of KRW 100 million and KRW 85 million, and the guarantee term on January 9, 2015 and July 31, 2014.

B. The Deceased died on January 11, 2014.

C. On January 14, 2014, the deceased’s birth and the defendant’s second type B, after the death of the deceased, was in custody of the deceased’s cell phone and OTP card, and the Nong Bank’s account password in the name of the deceased, by means of dphoneing into the above mobile phone, and transferred the sum of KRW 73 million from the above Nong Bank’s M&S account to B’s name to another Nong Bank account in the name of the deceased, and then transferred KRW 88 million in total from the above Nong Bank’s account to the Nong Bank’s name.

B As above, a credit guarantee accident under the credit guarantee agreement of this case occurred by withdrawing money from the account of the Deceased’s Nonghyup Bank. On April 30, 2014, the Plaintiff subrogated to the Nonghyup Bank for KRW 182,272,395 of the principal and interest of the deceased.

E. B was indicted by Busan District Court 2014Kadan10034 due to the crime committed by the use of the aforementioned computer, etc., and was sentenced to one year of imprisonment by the said court on May 13, 2014.

Therefore, the prosecutor appealed from Busan District Court 2015No1522, but was sentenced to dismissal by the appellate court on September 3, 2015.

F. Meanwhile, on January 10, 2014 and January 11, 2014, the Defendant: (a) arbitrarily withdrawn a total of KRW 17 million from the deceased’s account without authority; and (b) in collusion with B, he/she stolen the said money; and (c) on January 14, 2014, in collusion with B, the deceased’s account.