1. The plaintiff's claim of this case is dismissed.

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

1. Basic facts

A. (1) On September 5, 201, the Plaintiff leased 43,000,000 won to E during the period from September 8, 2011 to September 8, 2014, at the interest rate of 6.9% (19.8% per annum) per annum, and the Plaintiff jointly and severally guaranteed the above loan obligations. (2) To secure the above loan obligations, the Plaintiff jointly and severally guaranteed the loan obligations, Nam-gu Seoul Special Metropolitan City F land and buildings (hereinafter “instant 1 Real Estate”) and the G apartment No. 902, 101, 902 (hereinafter “instant 2 Real Estate”) owned by E, Gwangju District Court Decision 1728, Sept. 7, 2011, the maximum debt amount of debt amount of KRW 57,200,000 per annum, and the Plaintiff’s creditor (the Plaintiff’s alteration of the Plaintiff is the Plaintiff’s mutual title “the Plaintiff’s establishment registration of the mortgage”).

B. 1) On June 13, 2013, the Plaintiff loaned KRW 10,00,000 to E during the period from June 17, 2013 to June 17, 2016, at the interest rate of KRW 5.5% per annum (19.8% per annum) (the payment of actual loans is June 17, 2013).

(2) As to the instant immovable property No. 2, the registration of creation of a neighboring mortgage (hereinafter “the instant creation of a mortgage”) comprised of the maximum debt amount of KRW 6,400,000, the creditor, and the debtor, as the Gwangju District Court No. 118131, Jun. 17, 2013, was completed with respect to the instant immovable property No. 2. 2.

C. On June 17, 2014, A was declared bankrupt (Seoul District Court 2014Hadan0406), and the Defendant was appointed as A’s trustee in bankruptcy.

On April 10, 2014, the voluntary auction was commenced regarding the instant real estate No. 1 (H of the Gwangju District Court), and the Plaintiff received dividends of KRW 21,51,125 in the said auction procedure.

E.1) As to the instant real estate No. 2, E, a creditor of E, filed an application for compulsory auction on September 24, 2015 (Seoul District Court D), and the Plaintiff also filed an application for voluntary auction on the instant real estate No. 2, and the decision of commencement was made on December 8, 2016 (Seoul District Court C. 2).