1. The plaintiff's claim is dismissed.

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

Basic Facts

On March 7, 2003, the Plaintiff entered into a contract with C Co., Ltd. (hereinafter referred to as “Nonindicted Co., Ltd.”) for the loan of the company passbook loan (so-called Mabio loan) with the Plaintiff.

The term of the above loan agreement has been extended after the extension of the agreed term and the agreed amount has also been increased or decreased, and on May 11, 2015, the last agreed amount was KRW 160,000,000,000 and November 11, 2015.

(hereinafter “instant loan”). On March 17, 2003, B, the representative of the non-party company, entered into a comprehensive collateral guarantee agreement with the Plaintiff on the amount of guarantee limit to KRW 200 million in order to secure the above loan obligation against the Plaintiff by the non-party company, and on March 22, 2013, limited collateral guarantee agreement with the amount of guarantee limit to KRW 200 million in total.

(hereinafter “instant collateral guarantee contract”). From June 21, 2015, Nonparty Company lost interest on the instant loan from June 21, 2015 due to delinquency in payment of interest, and the principal and interest on the relevant debt is KRW 165,834,931, and KRW 90,557,426 as of October 1, 2015.

B, on February 22, 2012, B, including a donation contract between B and the Defendant, entered into a donation contract with the Defendant (hereinafter “instant real estate”) on the real estate indicated in the attached list (hereinafter “instant real estate”). On February 22, 2012, the Suwon District Court’s registry office of the Suwon District Court (23482) completed the registration of transfer of ownership on the ground of donation to the Defendant.

On May 8, 2012, after the date of conclusion of the instant donation contract with respect to the instant real estate, the Defendant completed the registration of creation of a mortgage of KRW 120 million with the maximum debt amount of KRW 120 million with respect to the Industrial Bank of Korea. On August 20, 2015, the Defendant sold the instant real estate to D and completed the registration of ownership transfer.

The Plaintiff received dividends of KRW 104,758,389 in the voluntary auction procedure conducted with respect to the real estate owned by Nonparty Company, and distributed KRW 2,861,50 among them, and KRW 16,000 among them, shall be appropriated as provisional payments, and the remainder of KRW 104,722,575 shall be applied.