연대보증채무금
1. The part of the judgment of the court of first instance concerning the conjunctive claim against the defendant shall be revoked.
2. The plaintiff's ancillary claim.
1. Recognized facts;
A. The Plaintiff’s loan of KRW 500 million and the establishment of the right to collateral security (1) of C Co., Ltd. (hereinafter “C”) agreed on December 6, 2012 to lend KRW 500 million to C Co., Ltd. (hereinafter “C”) on December 6, 2013, with the due date of reimbursement of KRW 6.5% per annum, 9.5% per annum, and 18% per annum.
On the same day, Co-Defendant A of the first instance trial, who was the representative of C, jointly and severally guaranteed the Plaintiff’s obligation to borrow KRW 500 million (hereinafter “the obligation to borrow of this case”).
(2) On December 7, 2012, C created a joint collateral security on the instant loan obligation against the Plaintiff, as security, KRW 600 million with respect to the maximum debt amount, KRW 1003, 1004, and 1005 of the building 10 stories of Geumcheon-gu Seoul Metropolitan Government D Building (hereinafter collectively referred to as the “factory of this case”).
(3) At the time when C created a joint collateral security, the registration of provisional attachment of the Vietnamese Patent Foundation (Seoul Southern District Court's Seoul District Court's 213,10,720 won, the claim amount No. 8256, Nov. 20, 2012; hereinafter "provisional attachment of this case") was completed at the instant factory.
B. On December 6, 2012, immediately before the Plaintiff transferred KRW 500 million to C, the Defendants prepared and delivered to the Plaintiff a performance memorandum (hereinafter “instant performance memorandum”) with the following content.
A was residing in the real estate listed in the attached list (hereinafter referred to as "the apartment of this case") at the time of preparing a statement of performance.
The name of the execution letter: A (Resident Registration Number omitted) The above person will settle the problem of provisional attachment set up by the Vietnamese Loan Foundation in the security of the mortgage-backed loan agreement in connection with the loan of the Dispute Settlement Bank Co., Ltd., by January 31, 2013.
In addition, if the resolution is not possible, there is no objection to the offer of a house (owner: B) in which the person himself/herself resides as a security right for that part, and he/she shall affix his/her seal imprint and execute it.