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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On October 10, 2013, the Plaintiff loaned to C a total of KRW 85 million on October 14, 2013, and KRW 80 million on October 14, 2013 as interest rate of KRW 1% per month, and C did not pay the principal and interest to the Plaintiff.
B. On November 6, 2013, the Defendant Credit Guarantee Fund entered into a mortgage agreement with C with the maximum debt amount of KRW 108,00,000,000, and completed the registration of the establishment of a neighboring mortgage on the real estate stated in the separate sheet (hereinafter “instant apartment”) on November 7, 2013; on April 7, 2014, subrogated the principal and interest on the debt of the new bank (hereinafter “new bank”) for the new bank (hereinafter “new bank”), as the surety, and subsequently, was transferred KRW 28,70,00,00 out of the maximum debt amount of KRW 114,00,00 as the maximum debt amount of the new bank on January 25, 2011.
C. On April 10, 2014, Defendant B concluded a mortgage establishment agreement with C with the maximum debt amount of KRW 26,000,000, and completed the registration of establishment of a mortgage regarding the instant apartment on April 16, 2014.
Defendant East Line Co., Ltd. (hereinafter “Defendant East Line”) concluded a mortgage agreement with C, which provides for KRW 52,800,000 with a maximum debt amount of KRW 52,80,000 (hereinafter “each of the instant mortgage agreements”). On April 30, 2014, the establishment registration of a neighboring apartment was completed with respect to the instant apartment.
E. On April 24, 2014, the Plaintiff filed an application for provisional attachment with the Seoul Central District Court for the instant apartment on April 24, 2014, and completed the entry registration on the real estate registration register.
F. On May 20, 2014, the Plaintiff filed a payment order with the Seoul Central District Court to grant payment order to the Plaintiff on May 20, 2014, and “C” calculated at the rate of 1% per annum from October 11, 2013 to May 28, 2014, the delivery date of the original copy of the payment order, and 20% per annum from the next day to the date of full payment.