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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
A. (1) On August 25, 2010, the Korea Technology Credit Guarantee Fund (hereinafter “Korea Technology Credit Guarantee Fund”) established a credit guarantee agreement with regard to the principal and interest of loan to be borne by D Co., Ltd. and the non-party Co., Ltd by obtaining a loan from the Industrial Bank of Korea as the guaranteed amount of KRW 935 million, and the term of guarantee was changed to August 24, 201 (hereinafter “instant credit guarantee agreement”) (hereinafter “the instant credit guarantee agreement”), and A jointly and severally guaranteed the indemnity obligation to the Korea Technology Credit Guarantee Fund of the non-party Co., Ltd.
(2) On December 8, 2015, Nonparty Company lost the benefit of time due to the suspension of operation, etc., and the Korea Technology Credit Guarantee Fund subrogated the Bank of Korea to KRW 943,156,237 on December 31, 2015.
(3) On December 31, 2015, the Korea Technology Credit Guarantee Fund recovered KRW 7,131,610 from the non-party company. Accordingly, the remainder of the subrogated amount became KRW 936,024,627, and the amount of finalized damages incurred in relation to the aforementioned recovered amount was KRW 2,344, and the Plaintiff spent the legal procedural costs of KRW 2,935,680 for the enforcement and preservation of the claim for indemnity.
B. (1) The Defendant entered into the instant mortgage contract, etc., which was in the shape of the Dongball Doctrine, which is the raw material of the Dongball Doctrine, and used it in the process of recording it to many business partners such as Nonparty Company.
In June 2015, when the tax invoice was issued and settled as of the last day of each month after the sale of credit, the parties including the non-party company requested the establishment of a collateral security to secure their sales claims.
(2) Accordingly, on June 2, 2015, A, the representative director of the non-party company, concluded a mortgage contract with a maximum amount of KRW 100 million as to the real estate indicated in the attachment (hereinafter “instant real estate”) in order to secure the Defendant and the non-party company’s obligation for the purchase of the goods.