1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. On May 23, 2008, the Plaintiff entered into a credit guarantee agreement with C Co., Ltd. (hereinafter “C”) by setting the coverage amount of KRW 144,50,000, and the guarantee period from May 23, 2008 to May 22, 2013. On May 23, 2008, C received a loan of KRW 170,000,000 from an enterprise bank as a collateral under the said credit guarantee agreement.

B and her husband D, the representative director of C at the time, were jointly and severally guaranteed the liability for indemnity against the plaintiff in accordance with the above credit guarantee agreement.

B. On July 15, 2015, the Plaintiff, who caused a credit guarantee accident, subrogated to an enterprise bank for KRW 147,107,286 ( principal KRW 144,50,500,000 and interest KRW 2,607,286) in accordance with the said credit guarantee agreement on August 18, 2010.

C. On April 27, 2011, the Plaintiff filed a lawsuit against C and B, a joint and several surety, with the Busan District Court 201Kadan107077, and was awarded a favorable judgment on the claim for reimbursement on April 27, 201. The said judgment became final and conclusive around that time.

As of August 12, 2014, the Plaintiff has a claim for reimbursement of KRW 147,185,285, including the amount of subrogated payment of KRW 146,809,240 (the amount of KRW 298,046 after the payment by subrogation by the Plaintiff was recovered), the amount of final delay damages of KRW 132,845, the amount of the penalty for attempted delay, KRW 228,820, the amount of the penalty for attempted delay, and KRW 3,380.

E. On April 6, 2010, the network E, as referred to in B, died on April 6, 2010, and its inheritor succeeded to the real estate indicated in the separate sheet (hereinafter “instant real estate”) by Defendant (3/9 shares), F, B, and G (2/9 shares, each of their children), but the above inheritors were entitled to the agreement on the division of the inherited property to solely inherit the instant real estate (hereinafter “instant agreement on the division of the inherited property”). On April 6, 2010, B renounced the agreement on the division of the inherited property (hereinafter “instant agreement on the division of the inherited property”).

Since then, the Defendant’s inheritance of the instant real estate due to a consultation and division as of September 24, 2010, which was received on September 24, 2010 from the Busan District Court’s Dong Branch Branch of the Busan District Court, as of April 6, 2010.