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1. The plaintiff's claim is dismissed.
2. Of the costs of lawsuit, the part pertaining to the participation in the litigation is the intervenor joining the Plaintiff.
Reasons
1. Facts of recognition;
A. On December 30, 2013, the Intervenor created the right to collateral security of KRW 800 million with respect to the land of this case to the Defendant on the ground of a contract establishing the right to collateral security on December 30, 2013.
B. On January 16, 2017, the Intervenor created and rendered the respective maximum debt amount of KRW 1.5 billion (hereinafter collectively referred to as “the total amount of the secured debt and the secured debt of KRW 1.5 billion”) with respect to the instant land to the Defendant on January 13, 2017.
C. After that, the Industrial Bank, the mortgagee of the instant land, filed an application for voluntary auction with Seoul Eastern District Court D (hereinafter “instant auction”). On July 24, 2017, the Defendant purchased the instant land at the instant auction procedure, and on the same day, each of the instant mortgages was revoked.
[Ground for Recognition: Facts without dispute, Gap evidence 2, Gap evidence 5-1, Eul evidence 3, the purport of the whole pleadings]
2. The plaintiff's assertion and judgment
A. The gist of the Plaintiff’s assertion (1) was as follows: (a) the Plaintiff owned a loan claim amounting to KRW 440,546,153 in total, as indicated in (1) through (4); and (b) on November 5, 2010, the Plaintiff drafted a loan certificate with the content that the Plaintiff loaned KRW 400,000 to the Intervenor as the interest rate of KRW 6% per annum and November 5, 2013.
Therefore, the Plaintiff has a loan claim amounting to 400,000,000 won against the Intervenor assisting the Intervenor.
① KRW 10,000,000 lent to the Intervenor around September 26, 2001 to the Plaintiff (= KRW 352,550,000 lent to the Intervenor by the Plaintiff and the Intervenor’s Intervenor (= KRW 72,550,000 lent from March 12, 1998 to February 2, 2002) ( KRW 280,000,000 lent to the Plaintiff from April 2, 2002). ③ The Plaintiff lent KRW 96,00,000 lent to the Intervenor on October 26, 2005 ④ The Plaintiff lent KRW 489,550,000 lent to the Intervenor by E to the Intervenor. ② The amount of KRW 280,000,000 lent to the Intervenor.