1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 6, 2011, the Plaintiff entered into a credit guarantee agreement between the non-party C Co., Ltd. (hereinafter “non-party C”) with respect to KRW 125,000,000 of the small and medium enterprise loans that the non-party company would receive from the Industrial Bank of Korea, as the guaranteed amount of KRW 100,000,000 and December 5, 2012 (the change to December 5, 2014). The non-party B (hereinafter “B”) jointly and severally guaranteed the indemnity obligation that the non-party company would incur to the Plaintiff under the said credit guarantee agreement.

B. Nonparty Company obtained the Plaintiff’s above credit guarantee from the Industrial Bank of Korea as collateral, and lost the benefit of the time limit for the said loan due to the credit guarantee accident on April 16, 2014 (credit management information registration, and natural body on February 26, 2014).

C. On May 16, 2014, the Plaintiff subrogated to the Industrial Bank of Korea for the principal and interest of KRW 101,441,775 as the principal and interest of the obligation arising from the said credit guarantee, and recovered some of them from the non-party company and B. As of April 25, 2016, the Plaintiff’s claim for indemnity against the non-party company and B is KRW 54,236,066, and KRW 4,560,149 in total, KRW 58,796,215 (excluding delay damages).

Meanwhile, on October 16, 2013, the Defendant concluded a mortgage agreement with B, which sets forth a maximum debt amount of KRW 500,000,000 as to each real estate indicated in the separate sheet (hereinafter “mortgage agreement”). On October 17, 2013, the Defendant concluded a mortgage agreement with the Suwon District Court, which was based on the aforementioned contract, on October 17, 2013, as the receipt of No. 98670, Oct. 17, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, 14, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the mortgage contract of this case was made by a false agreement with the Defendant, and the mortgage contract of this case was concluded with B while the amount exceeds the obligation, and the establishment registration of the neighboring mortgage is registered accordingly.