1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 22, 2015, the Plaintiff entered into a credit guarantee agreement between the non-party company and the non-party company, ① KRW 285,000,000, the credit guarantee amount of the loan institution C Bank, ② the credit guarantee amount of May 12, 2016, ② the non-party company’s credit guarantee amount of KRW 285,00,000,000, and the lending institution D Bank (hereinafter “the credit guarantee agreement in this case”). The non-party company’s representative director, as a joint and several surety for the instant credit guarantee agreement.

B. Nonparty Company received a loan of KRW 300,000,000 each from C Bank and D Bank as collateral under the credit guarantee agreement of this case. On January 28, 2019, the occurrence of a guarantee accident stipulated in the credit guarantee agreement of this case was occurred due to delinquency in repayment of loans.

C. On May 24, 2019, the Plaintiff subrogated for KRW 578,776,795 in total to each of the above banks, and filed an application for payment order against the non-party company and E with the Seoul Central District Court for the payment order for indemnity amounting to KRW 2019 teab9 and KRW 292606. On June 12, 2019, the above court ordered the non-party company and E to jointly pay KRW 581,270,934 as well as delay damages for KRW 578,76,795 among them, and the above payment order became final and conclusive around that time.

On the other hand, on April 5, 2018, E borrowed KRW 250,00,00 from the Defendant with the business funds of the non-party company as its agent, and entered into a mortgage agreement with the non-party company H on the ground of Geumcheon-gu Seoul Metropolitan Government (hereinafter “the instant real estate”) as its owner, Gangwon-gun, Gangwon-do, the Republic of Korea, and its wife I, with the maximum debt amount of KRW 300,00,000, and the debtor E (hereinafter “mortgage agreement”). On April 5, 2018, E concluded a mortgage agreement with the Defendant as the Seoul Southern District Court No. 69175, Apr. 5, 2018 (hereinafter “the instant mortgage registration”).

[Reasons for Recognition] There is no dispute.