Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On June 15, 2015, the Plaintiff loaned KRW 300,000,000 to B Co., Ltd. (hereinafter “B”) at an annual interest rate of 4.28% per annum and at an overdue interest rate of 12% per annum.
(hereinafter referred to as “the first loan contract of this case,” and the above loan “the first loan of this case,” b.
B On June 21, 2016, the Defendant and the Defendant entered into a mortgage agreement with regard to the real estate listed in paragraph (2) of the same Table as the shares of 438201, among the real estate listed in paragraph (1) of the attached Table No. 1 of the same Table (hereinafter “each of the instant real estate”), with regard to which the amount of KRW 3,500,000 is the mortgagee, the obligor B, the maximum debt amount, and the maximum debt amount (hereinafter “instant mortgage agreement”). On June 21, 2016, Incheon District Court Decision No. 40315, Jun. 21, 2016, the Defendant completed the registration of the establishment of the neighboring real estate (hereinafter “registration of the establishment of the instant real estate”).
C. On October 24, 2016, B entered into a trade reservation with the Defendant on each of the instant real estate (hereinafter “instant reservation”) and completed the provisional registration of the right to claim ownership transfer (hereinafter “the instant provisional registration”) with the Incheon District Court No. 77179 on October 24, 2016.
On October 26, 2016, the Plaintiff loaned KRW 200,000,000 to B at an annual interest rate of 2.72% per annum, and at an overdue interest rate of 12% per annum.
(hereinafter “The second loan contract of this case” and the above loan “the second loan of this case” is “the second loan of this case”). E.
On January 6, 2017, the auction procedure was commenced on January 6, 2017 as Incheon District Court Branch D with respect to each real estate of this case according to the creditor C's application for compulsory auction.
(F) On April 5, 2017, upon the application for voluntary auction by E Co., Ltd., the said court’s decision to commence voluntary auction was rendered on April 18, 2017 upon the Industrial Bank of Korea’s application for voluntary auction; hereinafter “instant auction procedure”). (F) The Plaintiff owned B and B as Changwon District Court Jinju Branch Branch 2017Kadan10189 against B.