1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 26, 2007, the Plaintiff entered into a contract to lend KRW 350,000,000 to C as interest rate of KRW 3,000,000 per month (hereinafter “instant loan agreement”). The Plaintiff loaned KRW 100,000,000 to C on the same day and lent KRW 250,000,000 to C on the same day.

B. At the time of the instant loan agreement, the Plaintiff and C decided to set up a collateral security right of KRW 350,000,000 with the maximum debt amount (hereinafter “first collateral security right”) in Gangnam-gu Seoul, Seoul (hereinafter “instant building”) in order to secure the instant loan obligation at the time of the instant loan agreement. On October 31, 2007, the Plaintiff and C completed the registration of the establishment of a collateral security right (hereinafter “first collateral security right”) in the name of E, the husband of the Plaintiff, on the instant building.

C. On October 20, 2008, in order to secure the instant loan obligation, the Plaintiff and C shall cancel the registration of the first right to collateral security established on the instant building and instead set up a collateral security (hereinafter “second right to collateral security”) of KRW 300,000,000 with the maximum debt amount of KRW 460,300,000,000 on the instant land owned by C. On October 21, 2008, the Plaintiff and C completed the registration of the establishment of a collateral security (hereinafter “second right to collateral security”) around the Plaintiff’s name on the instant land.

On the other hand, on October 26, 2007, the Defendant drawn up a letter stating that “The Defendant shall remit the C’s thickness of 100 million won and shall be liable for the remainder (200 million won)” (hereinafter “each of the instant notes”), and each of the instant notes is currently owned by the Plaintiff.

E. C around August 2008, repaid KRW 50,000,000 among the instant loans to the Plaintiff.

F. The instant land was sold at a voluntary auction on September 25, 2014, and accordingly, the registration of the second right to collateral security was cancelled on October 28, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 4 and 5, and all pleadings.