The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport:

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as stated in the part concerning the defendant among the grounds of the judgment of the court of first instance, unless the defendant added a judgment as to the additional argument in the appellate court under paragraph (2). Thus, it shall be cited as it is by the main sentence of Article 420 of

The summary of the loan principal of this case remains 89,543,466 won by preferentially appropriating 390,00,000,000 won and loan interest of 126,029,036 won and 54,05,000 won and 126,029,036, which were paid by the non-party company in a related auction case on September 2, 2015, and then appropriating the remainder to pay 300,00,000,000 won with the loan principal of this case. Thus, the plaintiff's claim seeking payment against the defendant who is a joint guarantor as the transferee of the loan principal of this case is justifiable.

2. Determination as to the Defendant’s assertion added in the appellate trial

A. The defendant asserts that security service costs of the non-party company constitute a provisional payment, and the principal and interest of loan of this case constitute separate claims, and that the dividend in the auction case should be appropriated prior to the repayment of the principal and interest of this case, which has many profits from repayment.

B. According to the evidence No. 13, Article 4(1)1 of the General Terms and Conditions for Credit Transactions provides that the obligor shall bear the expenses for exercising the security rights and preserving the rights of the bank. Article 13 provides that the obligor shall bear the expenses, interest, and principal, but the order of appropriation may vary within the extent no less favorable than that unfavorable to the obligor (Paragraph 1), and that the Civil Act and other Acts shall apply where the obligation to be repaid is several individuals (Paragraph 2).

As acknowledged earlier, the security service cost of the non-party company is common security and the object of auction, which is paid to maintain and preserve the real estate of this case and machinery equipment within the building, and falls under the preservation and collection cost of the principal and interest of this case.