1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On November 7, 2011, the Plaintiff entered into a credit guarantee agreement with C as to the obligation of a national bank loan amounting to KRW 29,200,000,000,000 for the guaranteed amount, and until November 6, 2012, C lost the benefit of time due to the default on the repayment of the loan. On October 4, 2012, the Plaintiff, on October 4, 2012, issued a provisional attachment on the claim amount of KRW 39,20,00 for the land and its ground (hereinafter “instant real estate”) owned by C and subrogated the National Bank to pay KRW 39,643,292 in accordance with the said credit guarantee agreement.

B. On January 18, 2013, Seoul Eastern District Court B, upon the application of the National Bank, which was the right to collateral security regarding the instant real estate, the auction procedure was initiated.

C. On March 15, 2013, the Defendant filed an application for a payment order against C for a loan of KRW 38,1720,000 with the Chuncheon District Court Decision 2013 tea340,000,000, and the payment order became final and conclusive on April 9, 2013.

(hereinafter referred to as “instant loan”) D.

On the date of distribution of the above auction procedure on January 24, 2014, the Plaintiff filed a lawsuit of demurrer against the distribution of this case on January 29, 2014, as a person holding the right to demand a provisional seizure based on the above subrogated claim for reimbursement, and the Defendant received KRW 174,147,688 out of the claims of KRW 405,878,169, as a person holding the right to demand a distribution based on the instant loan, and the Plaintiff filed a lawsuit of demurrer against the distribution of KRW 22,380,694 out of the amount distributed by the Defendant.

【Ground of recognition】 The non-contentious facts, entries in Gap evidence 1, 2, and 4 (including evidence with a provisional number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. Since the defendant does not actually lend money to C, the lending of this case is null and void as a false declaration of conspiracy. The amount distributed to the defendant under the premise that the defendant's claim for the loan of this case against C exists in the voluntary auction procedure for the real estate of this case shall be deleted.