1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On November 10, 2006, the Plaintiff, the Defendant, the Plaintiff, the Nonparty C, and the Defendant established Nonparty D Co., Ltd. (hereinafter “Nonindicted Company”), and the Plaintiff and the Defendant accepted 3,300 shares, respectively, and 3,400 shares, respectively.

B. On May 9, 2007, the Plaintiff completed the registration of the establishment of a mortgage over the obligor’s Defendant with respect to the value of 3873 square meters and 5521 square meters in Gyeonggi-do, Gyeonggi-do, the Plaintiff owned by the Plaintiff, and the E Union paid KRW 200 million (hereinafter “instant loan”) to the E Association account in the name of the Defendant on May 10, 2007.

C. On May 10, 2018, the Plaintiff subrogated for KRW 193,678,016, total of the principal and interest of the instant loan to E Union.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2, 4, 5, Eul evidence 1, 2, and 4, the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the parties' assertion (1) The plaintiff, the above C, and the defendant shall bear 200 million won each, to establish the non-party company, and the defendant shall pay the above contribution with the loans in this case.

Since the Plaintiff repaid the Defendant’s loan on behalf of the Defendant, it can be claimed against the Defendant.

(2) In addition to the instant loan, the Defendant paid the share of KRW 50 million, and there is no agreement to bear KRW 200 million as alleged by the Plaintiff.

The actual debtor of the instant loan is the non-party company, and the defendant only lent the name of the loan for the convenience of the loan, and the plaintiff is well aware of it.

Therefore, the defendant cannot be held liable to compensate the plaintiff as the principal obligor.

B. (1) Where a third party allows a financial institution to use his/her name in obtaining a loan from a financial institution, that third party is the creditor.