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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Loans C Co., Ltd. (hereinafter “Nonindicted Company”) to Korea Bank C Co., Ltd. (hereinafter “Korea Bank”) received loans from Korea Bank (hereinafter “Korea Bank”) on seven occasions as listed below:
(hereinafter “each of the instant loans” and, according to the sequences of each loan, the credit limit amount for each of the instant loans is KRW 100 million on July 15, 2009, KRW 100 million on July 7, 2010, KRW 310 million on February 23, 2012, KRW 40,000,000 for general financing loans for corporate driving on February 29, 2012. KRW 30 million on January 28, 2014, KRW 60 million on December 28, 2014, KRW 50,000,000 for corporate working divided loans for KRW 30,000 on December 23, 2014.
B. (1) On July 15, 2009, the non-party company obtained a first loan from the Korean bank. On July 15, 2009, the plaintiff, the representative director D's spouse, and the inside director of the non-party company, entered into a mortgage agreement with the Korean bank on July 15, 2009 with regard to the second-class E non-party 2 (hereinafter "the real estate of this case"). Accordingly, on July 15, 2009, the establishment of the mortgage agreement on the real estate of this case was completed on July 15, 2009 with regard to the registration of the establishment of the mortgage (the former order No. 9; hereinafter "the first collateral mortgage of this case").
(2) On November 11, 201, the non-party company borrowed KRW 60 million from our bank. On November 11, 201, the Plaintiff entered into a mortgage agreement with our bank with regard to the instant real estate as follows. Accordingly, on July 15, 2009, the registration of the establishment of a neighboring mortgage with regard to the instant real estate was 10,000 won, namely, “the maximum amount of the claim, the non-party company, and the non-party company and the mortgage-backed bank,” which is “the maximum amount of the claim, the non-party company, and the mortgage-backed bank.”