1. The instant lawsuit shall be dismissed.

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

1. Facts of recognition;

A. On June 14, 2013, the Plaintiff entered into a credit guarantee agreement with the agricultural company B (hereinafter “B”) regarding the principal and interest of loans to be borne by the Industrial Bank of Korea against the Bank B (hereinafter “the instant credit guarantee agreement”) with the amount of security deposit KRW 300 million and the term of guarantee until June 13, 2018 (hereinafter “the instant credit guarantee”).

At the time, C jointly and severally guaranteed the obligation under the credit guarantee agreement of this case to the Plaintiff.

B around June 17, 2013, pursuant to the instant credit guarantee certificate issued by the Plaintiff, borrowed a loan from the Industrial Bank of Korea.

B. B, around December 13, 2017, lost the benefit of time due to delinquency in paying interest on loans to the Industrial Bank of Korea. On February 7, 2018, the Plaintiff subrogated to the Industrial Bank of Korea KRW 75,760,181 in accordance with the instant credit guarantee agreement.

C. As of December 31, 2017, the Defendant had a claim for the purchase price of goods at KRW 892,528,100 against B. However, on October 30, 2017, B entered into a contract with the Defendant to establish a mortgage (hereinafter “first collateral mortgage”) with the maximum debt amount of KRW 500 million as to the real estate indicated in the attached Table 1 that he/she owns with the Defendant (hereinafter “first real estate”) and the mortgage (hereinafter “first collateral mortgage”) with the debtor, and completed the registration of the establishment of a mortgage over the first real estate in the Defendant’s future.

C On October 30, 2017, the Defendant entered into a mortgage contract with the maximum debt amount of KRW 100 million and the debtor B (hereinafter “second collateral mortgage”) with respect to the real estate listed in the separate sheet No. 2 owned by the Defendant (hereinafter “second immovable property”) and completed the registration of creation of a mortgage with respect to the second immovable property on the same day.

E. As to the real estate 1, the Suwon District Court rendered an Ansan Branch D with respect to the real estate 1, the auction procedure was carried out, and the first real estate was sold in the auction procedure and the distribution procedure was carried out.

The above court on May 9, 2019, the date of distribution.