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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The Plaintiff is a company that aims at credit business, etc., and the Defendant (it is changed from C Co., Ltd. to B on March 15, 2017) is a company that aims to manage real estate assets.
B. On November 18, 2015, the Plaintiff entered into a loan transaction contract with the Defendant with a fixed amount of KRW 1,000,000,000 per annum, interest rate of KRW 24% per annum, and overdue interest rate of KRW 27.9%, and D jointly and severally guaranteed the Defendant’s obligation.
(hereinafter “instant loan agreement”). The main contents of a detailed agreement under the instant loan agreement are as follows.
Plaintiff B: Obligor D jointly and severally liable; Defendant D
1. Suwon District Court: (a) purchased 2,80,000,000 won of the maximum debt amount of the right to collateral security, which was received on October 4, 201 by the F Company No. 39811, in the list of real estate E real estate auction cases; (b) purchased 1st pledge loan from G Mutual Savings Bank as collateral; and (c) secured 1st pledge loan from G Mutual Savings Bank as collateral was made while lending KRW 1,32,00,000,000 from G Mutual Savings Bank.
2. The maximum amount of the second right to collateral security in the name of Party A shall be KRW 1,00,000,000,000, and the amount of the loan resulting therefrom shall be successively stated in the detailed agreement in 2015 as “2016.” However, the detailed agreement in 2015 appears to be written in error.
11. 12. 135,000,000 won: The third amount of KRW 150,000,000 on November 20, 2015: 10,000 on the bid bond for the auction of the mortgaged goods: The fourth amount of KRW 100,000,000 on the bid bond for the auction of the mortgaged goods: The loan shall be made by dividing the amount calculated by deducting the first, second, and third loans from the maximum debt amount among the remainder of the successful bid for the auction of the secured security auction case, and the amount resulting therefrom, on four occasions.
3. A shall pay a loan directly to a person designated by B or C, or by means of remittance, etc. from the account.
C. The Plaintiff transferred the following money to the Defendant under the instant loan agreement.
hereinafter referred to as "loan of this case"
. the sequence;