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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The defendant is a non-party A Co., Ltd. (hereinafter "A")
(2) The Plaintiff is a bank that made a loan to the Defendant and issued a credit guarantee form to the Defendant, which is one of the Defendant’s credit transaction types. The term “company ordinary loan” includes “company ordinary loan loan” and “company ordinary facility loan”. 2) The Plaintiff is a person who entered into a credit guarantee agreement with A and issued a credit guarantee form to the Defendant.
B. On September 6, 2010, the Plaintiff entered into a credit guarantee agreement with A and the Defendant’s credit guarantee agreement with a credit guarantee period from September 6, 2010 to September 5, 201, with a maximum of 30 million won, and issued a credit guarantee agreement with a maximum of 30 million won (a loan: a general loan for a company). On September 14, 2010, A obtained a loan of KRW 30 million from the Defendant as collateral (hereinafter “first loan”).
(2) On June 15, 2012, the Plaintiff extended the credit guarantee period to September 5, 2013. (2) On June 15, 2012, the Defendant loaned KRW 390,000,000,000 for “corporate general facilities funds” and KRW 10,000,000 for “corporate general facilities funds.”
(2) On the same day, the Defendant concluded a mortgage contract with the Defendant as a collateral (hereinafter “the first priority land mortgage contract”) with respect to the land of this case, which is the maximum debt amounting to KRW 480,000,000,000,000,000 and KRW 473,000 (hereinafter “instant land”). On the same day, the Defendant concluded a mortgage contract with the Defendant as to the land of this case (hereinafter “instant land”). The Defendant concluded a mortgage contract with the Defendant, which is the maximum debt amounting to KRW 480,000,000,000 on the same day.
(hereinafter referred to as “first priority mortgage”). Meanwhile, Article 2(2) of the aforementioned mortgage contract provides that a building not registered on a mortgaged land exists or a future building.