beta
Text
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
Basic Facts
A. On August 27, 2002, the Plaintiff entered into a credit guarantee agreement with the Defendant as KRW 16,000,000 (hereinafter “the instant credit guarantee agreement”) with the Defendant, and borrowed KRW 16,00,000 from C (hereinafter “C Union”) upon issuance of a credit guarantee certificate from the Defendant.
B. On December 10, 2004, the Defendant filed an application for provisional attachment against the Plaintiff on the land D and E (hereinafter “each real estate of this case”) owned by the Plaintiff, by using the claim for advance indemnity under the credit guarantee agreement of this case as the preserved bond (hereinafter “each real estate of this case”). On December 13, 2004, the court rendered a decision of provisional attachment of each real estate of this case on December 13, 2004.
(c)
Meanwhile, on September 2, 1994, the Plaintiff entered into a mortgage establishment agreement with the Plaintiff, setting the maximum amount of claims at KRW 14,00,000 with respect to each of the instant real estate, and on September 6, 1994 with respect to each of the instant real estate, the Plaintiff completed the registration of establishment of the right to collateral security as of KRW 22591, which was received on September 6, 1994. On January 6, 2004, the Plaintiff loaned KRW 10,000,000 to the Plaintiff (hereinafter “loan 2”).
(d)
C The Plaintiff did not pay interest on the loans No. 2 of this case from May 25, 2004. Around December 2004, the Plaintiff filed a voluntary request for auction of each of the instant real estate ( Changwon District Court Branch Branch BranchF). On December 30, 2004, the said court rendered a decision to commence voluntary auction of each of the instant real estate (hereinafter “instant auction procedure”). On November 17, 2005, the Plaintiff received dividends of KRW 12,585,215 as C collateral security and received dividends of KRW 5,150,430 from the status of the Defendant’s entrusted institution.
E. On September 28, 2006, the Defendant subrogated the C Union to pay KRW 12,983,320 in accordance with the instant credit guarantee agreement.
F. The Defendant on July 22, 2016