1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. At the auction procedure of this case where the debtor C had owned a lot of 1,319 square meters at the request of the defendant, the defendant submitted a bond statement with the claim amounting to KRW 145,298,966 on the basis of the notarial deed No. 2133 (hereinafter “notarial deed of this case”) No. 2005, a notary public submitted a bond statement with the claim amounting to KRW 145,298,966, and the plaintiff demanded a total of KRW 301,177,003 of the principal and interest on the claim against C.

B. On June 10, 2014, the date of distribution of the instant auction procedure, distribution of KRW 6,680 to the Sinju, a holder of the right to deliver, and the remaining dividends of KRW 159,364,66, respectively, was prepared in proportion to the Plaintiff and the Defendant, respectively. The distribution schedule with the content that distributes KRW 107,501,805, and KRW 51,862,861 (hereinafter “instant distribution schedule”). The Plaintiff appeared on the said date of distribution and made a statement of objection against the entire dividends of the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 7, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion C bears the Defendant’s joint and several liability of KRW 120,00,000 of principal without interest, and the Defendant paid KRW 77,559,465 among them before the auction of this case. Although the Defendant’s claim amount against KRW 42,440,535 is limited to KRW 42,535, the Defendant received excess dividends by reporting the Defendant’s claim amount in excess of the claim amount, and the distribution schedule of this case should be revised as distributing the amount of the Defendant’s claim amount to KRW 42,440,535.

(b) The following facts may be found either in dispute between the parties or in the entry in Gap evidence Nos. 2 to 6, and Eul evidence No. 1, together with the purport of the entire pleadings:

(1) On June 15, 2005, E borrowed interest of KRW 120,000,000 per month from the Defendant (no interest), and on June 10, 2006, E borrowed on June 10, 2006.

C The above borrowed debt of E on the same day shall be jointly and severally guaranteed, and this case shall be notarized.