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1. Revocation of the first instance judgment.
2. The plaintiff's defendant B and the bankrupt's successor are the parties to the lawsuit of comprehensive timber.
Reasons
1. Basic facts
A. The Plaintiff’s claim for reimbursement against F 1) The Plaintiff on December 30, 2002, G Co., Ltd. (hereinafter “G”).
The credit guarantee agreement between the principal and the guaranteed principal of KRW 425,00,000, and the guarantee period of the credit guarantee agreement as of December 19, 2003 (hereinafter “instant credit guarantee agreement”).
(2) G was jointly and severally guaranteed all obligations under the instant credit guarantee agreement, such as G’s indemnity liability, against the Plaintiff. The credit guarantee agreement received from the Plaintiff, as security, was loaned KRW 500,000,000 from the Han Bank.
3) On October 21, 2004, G had a credit guarantee accident occurred with the party branch. On February 25, 2005, the Plaintiff subrogated for KRW 429,680,820 to Han Bank under the credit guarantee agreement of this case. 4) On November 21, 2006, the Plaintiff claimed reimbursement, etc. under the credit guarantee agreement of this case against F as Seoul Western District Court 2006Da6480, and on November 21, 2006, “F was awarded 18% interest per annum from February 25, 2005 to May 31, 2005 to 10% interest per annum from June 1, 2005 to 15% interest per annum, and from June 1, 2005 to 206 to 15% interest per annum.”
5) The Plaintiff’s above claim against F remains only a claim for delay damages of KRW 94,455,354 as of the date partial repayment was made. (b) As to the real estate listed in the separate sheet No. 1 (hereinafter “real estate No. 1”) as indicated in the F’s separate sheet, which is owned by F, ① the maximum debt amount of September 12, 2006 is KRW 20 million, and was the cause of the mortgage contract as of August 31, 2006, for the corporation deemed to have established the mortgage contract as of August 31, 2006 under the name of the general timber (hereinafter “the comprehensive timber”), ② the registration of the establishment of the mortgage under the name of the general timber (hereinafter “the maximum debt amount”) with KRW 20 billion, while the maximum debt amount of the judgment amount of September 12, 206 was 20 billion and caused by the mortgage contract as of August 31, 2006.