1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Plaintiff filed a claim for reimbursement against B and C Co., Ltd. (hereinafter “C”) with the Seoul Central District Court 201Da371921.

In the foregoing case, on January 5, 2012, “B, etc. shall jointly and severally pay to the Plaintiff the amount of KRW 97,563,739 and KRW 97,495,089, 14% per annum from September 26, 2011 to December 1, 2011, and 20% per annum from the next day to the date of full payment.” The above judgment became final and conclusive around that time.

B. On May 26, 2010, the Defendant obtained a loan from the Bankrupt Co., Ltd. D (hereinafter “D”) (hereinafter “instant loan”). As to the joint collateral for the loan debt, B, as to the members E apartment F (hereinafter “B-owned apartment”), the Defendant completed the registration of the establishment of a neighboring apartment H as to the G apartment H in Silsan-si (hereinafter “B-owned apartment”).

C. On February 6, 2018, the Korea Deposit Insurance Corporation of D’s bankruptcy trustee who did not repay the instant loan to the Defendant applied for a voluntary auction on the apartment owned by B, and the Suwon District Court’s Ansan Branch I opened the voluntary auction procedure (hereinafter “instant voluntary auction procedure”).

On February 12, 2019, the Korea Deposit Insurance Corporation received dividends of KRW 153,896,891, the total amount of principal and interest, and KRW 26,546,219, respectively.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion B, a surety, has a claim for reimbursement of KRW 153,896,891 against the Defendant, the primary debtor, and the Plaintiff did not exercise the above claim against the Defendant. As such, the Plaintiff, a creditor of B, by subrogation of B, sought payment of KRW 153,896,891 and damages for delay against the Defendant.

B. In the internal relationship between the defendant's assertion B and the defendant, the defendant is not the actual principal debtor, and the claim for reimbursement against the defendant B.