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1. Of the judgment of the court of first instance, the part against the defendant is revoked, and all the plaintiffs' claims corresponding to the revoked part are asserted.
Reasons
1. Basic facts
A. On August 28, 2012, the Co-Defendant F Co-Defendant F Co-Defendant F Co-Defendant F Co-Defendant F Co-Defendant F Co-Defendant F Co., Ltd. (hereinafter “F”), and E (hereinafter “E”) of the first instance trial: (a) around December 12, 2007, the Plaintiff A and B were a notary public law firm in Korea; (b) as the document No. 680 of 2012, F approved that “F bears the obligation of KRW 70 million against the Plaintiffs on December 12, 2007; (c) the interest rate of KRW 15% per annum; and (d) the due date of payment shall be determined and paid by August 31, 2013; and (e) E jointly and severally guaranteed the said obligation by setting the guarantee limit of KRW 80 million; and (e) the said Defendants were aware of compulsory execution.”
B. On November 2, 2010, Plaintiff A entered F with H 4.5 tons of cargo vehicles owned by the Plaintiff (hereinafter “instant vehicle”). On August 8, 2011, the first instance trial co-defendant D (hereinafter “D”), E, and F borrowed D from Hyundai Social Co-Defendant D (hereinafter “N”) with the debtor, E, and F as joint surety, and upon receiving KRW 50 million from the debtor, E, and F as a joint surety, the Plaintiff created a mortgage on the instant vehicle’s claim amounting to KRW 50 million from Hyundai Social Co-Defendant D without the Plaintiff’s consent.
Accordingly, in order to prevent the execution of the mortgage established on the instant vehicle, Plaintiff A subrogated KRW 37,166,275 on the said loan to Hyundai Fresh social from September 28, 2012 to October 11, 2013.
C. From July 1, 201 to February 29, 2012, Plaintiff C entered into a consignment transport contract with F, and transported the cargo. A total of KRW 43,194,500 from the transport cost occurred. F paid KRW 31,00,000 out of the transport price to Plaintiff C until May 15, 2012.
On February 22, 2012, F entered into a sales contract with the Defendant for each real estate (hereinafter “each of the instant real estate”) listed in the separate sheet (hereinafter “instant sales contract”), and on the same day, F completed each registration of ownership transfer with the Defendant as the receipt of the old Daegu District Court No. 10911.