1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On November 22, 2011, the New Bank Co., Ltd. (hereinafter “New Bank”) completed the joint establishment registration of mortgage (hereinafter “instant collateral security”) with respect to the real estate and machinery, equipment, etc. indicated in the separate sheet owned by luminous Tech (hereinafter “instant real estate”) in order to secure the claim for a loan to the luminous Tech Co., Ltd. (hereinafter “BS”) on November 22, 201, at KRW 1,430,000,000.

B. On June 24, 2014, the Defendant concluded a credit guarantee agreement with regard to the obligation of a loan to a new bank of Masung ether, and thereafter, the Defendant paid KRW 562,833,717 to the new bank by subrogation of Masung et al. on the part of the right to collateral security (Evidence A No. 4), and concluded a contract with the new bank on June 25, 2014 on the part of the right to collateral security (Evidence A) with regard to the instant real estate on the ground that the amount of subrogation out of the instant right to collateral security was transferred as the amount of transfer, and completed additional registration of partial transfer of the right to collateral security, which was based on partial subrogation of the finalized claim.

The transferee of the right to collateral security: The order of appropriation for the amount of dividends under the instant right to collateral security (including the amount of dividends and recovery) by the new bank under Article 2 (Order of appropriation for the amount of dividends and recovery) of the new bank is as follows:

1. The remaining claims and related subordinate liabilities as of the dividend date of guaranteed loans of which part has been terminated by the special agreement for guarantee after the execution of the guaranteed loan to the transferor (creditor) on November 18, 201;

2. The difference between the overdue interest and the agreed interest accrued until the date of discharge of the guaranteed obligation with respect to the remaining guaranteed loan after the partial termination of the guaranteed side loan as of November 18, 201 to the debtor of the transferor;

3. After the partial termination of the guaranteed loan from the date of November 18, 201 to the debtor of the transferor (creditor) within the extent of the amount divided by the ratio of the transferor and the transferee to the remaining guaranteed loan to the guarantee ratio.