1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On June 1, 2006, the Defendant entered into a lease agreement with the lessor B, and with respect to C Apartment D, Seoul Special Metropolitan City, Nowon-gu, to KRW 19,370,000 (hereinafter “instant lease deposit”).

B. On October 30, 2006, the Defendant borrowed 13,800,000 won as housing funds from the E Bank, and paid the instant lease deposit with the above loan. The E Bank established a pledge on KRW 17,940,000 among the claims to return the instant lease deposit with the Defendant as collateral for the above loan, and notified the B Corporation thereof.

C. Meanwhile, on October 30, 2006, the Plaintiff entered into a credit guarantee agreement with the Defendant regarding the Defendant’s obligation to lend the said housing loan to the E Bank (hereinafter “the instant credit guarantee agreement”) by setting the principal of the guaranteed principal as KRW 12,420,00, and up to two years from the date of the guarantee period loan (hereinafter “the instant credit guarantee agreement”).

On August 13, 2008, pursuant to the credit guarantee agreement of this case, the Plaintiff subrogated 12,439,900 won out of the Defendant’s housing loans to E Bank. Around that time, the Plaintiff was transferred a pledge of KRW 16,146,00 out of the instant lease deposit claims from E Bank.

E. On February 28, 2008, the Defendant filed an application for immunity with the Seoul Central District Court Decision 2008Hadan6057, 2008Ma6057, 2057, and 2057, and the Plaintiff and E Bank filed an objection to the Defendant’s exemption from liability. However, the above court stated that the Plaintiff and E Bank are able to receive reimbursement by exercising the right to separation of the instant lease deposit claims, and thus, the exemption from immunity against the Defendant on September 24, 2008.

F. The defendant is the above as between B and B corporation until the date of the closing of argument.

The lease contract stated in the subsection has been renewed, and is based on the above lease contract.

The apartment mentioned in the subsection is residing in the apartment.

[Reasons for Recognition] There is no dispute, Gap evidence 1 to 11, and Eul evidence 1 to 3.