대여금 등
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. Basic facts
A. On January 20, 2011, a joint defendant A farming association corporation in the first instance trial (hereinafter “instant partnership corporation”) was established under the name of G farming association on the basis of the Act on Fostering and Supporting Agricultural and Fisheries Enterprises (i.e., agricultural and fishery business entities’ Act) with the focus of collaborative management and agricultural products distribution business, and was changed into the current name on May 4, 201.
B. On June 17, 2011, the Plaintiff extended a loan of KRW 358,00,000 (hereinafter “instant loan”) or loan of KRW 358,00,000 to the instant partnership juristic person with a floating interest rate, and as a security, obtained the registration of creation of a mortgage of KRW 500,50,000 for a maximum debt amount of KRW 2,593 square meters owned by the instant partnership juristic person at the time of Chungcheongnam-gu, Chungcheongnam-gu, Daejeon District Court, Daejeon District Court No. 24150, Jun. 17, 2011.
C. The Plaintiff, upon delay in paying the interest on the instant loans, filed an application for a voluntary auction based on the foregoing right to collateral security and continued the auction procedure with the Daejeon District Court Branch I. On October 30, 2013, the Plaintiff received dividends of KRW 269,378,838 in the said voluntary auction procedure.
Even after distribution in the above voluntary auction procedure, the total of KRW 119,769,193 and overdue interest of November 3, 2013 remains 119,989,437.
E. Joint Defendant B of the first instance trial (hereinafter “B”) guaranteed the repayment of the instant loans, etc. owed to the Plaintiff by the instant partnership corporation. At the time of the instant loan, five members of the instant partnership corporation, including B (representative), Defendant C (director), Defendant D (director), Defendant E (director, but director on August 26, 201), and Defendant F (auditor, who was auditor, on August 26, 201).
[Ground of recognition] The fact that there is no dispute, Gap 1 through 11 (including the number of branches), and the result of the party's personal examination of co-defendant B in the first instance trial.