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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. On February 24, 2012, the Defendant: (a) lent KRW 200 million to B Co., Ltd. (hereinafter “B”); (b) on December 24, 2013, the term of loans; (c) interest rate base rate (FTPP 5.18%); (d) interest rate of delay (FTPP 5.18%) and (e.g., 7% per annum or 9% per annum according to the overdue period (hereinafter “instant loan”); (c) C, the representative director of B; and (d) D’s representative director, the largest shareholder of B, determined KRW 260 million as joint and several liability.
B. On the same day, the Defendant, without specifying the type of transaction as to the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “the instant real estate”), concluded a mortgage agreement that covers B’s present and future obligations against the Defendant (hereinafter “instant mortgage agreement”). On the same day, the Defendant completed the registration of the establishment of a mortgage (hereinafter “instant mortgage”) stating that the maximum debt amount is KRW 260 million, the debtor, B, and the Defendant as the Defendant under the receipt of the Suwon District Court’s receipt of the Suwon District Court’s receipt of the maximum debt amount under Article 25574.74.
C. Since April 24, 2013, the Defendant additionally lent KRW 100 million to B on April 24, 2013, added the credit limit for the instant loan No. 1, and received C’s joint and several guarantee for the said additional amount.
On April 17, 2014, the Defendant lent KRW 279,50,000 to B a loan for corporate driving general fund, June 30, 2014, and at an annual interest rate of 8.23% (hereinafter “instant loan”). On the same day, B repaid to the Defendant the sum of the principal and interest of the instant loan No. 1 until then due to the instant loan No. 2, etc. (i.e., the principal amount of KRW 279,946,262, KRW 20,757,996).
E. On the same day, the Defendant entered into a contract on the change of the establishment of the right to collateral security with the content that changes the secured debt of the instant case to the ordinary driving loan.
(f).