The judgment of the court below is reversed, and the case is remanded to Chuncheon District Court Panel Division.

The grounds of appeal are examined.

1. According to the reasoning of the judgment below, on August 25, 2009, the court below acknowledged that the Plaintiff completed the establishment registration of the instant apartment building owned by the Plaintiff to the Defendant around August 25, 2009, the establishment registration of the instant maximum debt amount of KRW 130,00,000 for the apartment building owned by the Plaintiff to secure the Defendant, and rejected the Plaintiff’s assertion on the ground that, although the Plaintiff fully repaid the purchase price of liquefied petroleum gas supplied to the Defendant Company C operated by the Defendant, the Plaintiff failed to repay the purchase price of liquefied petroleum gas supplied to D in the same business relationship with the Plaintiff despite its liability to pay the purchase price of liquefied petroleum gas, the Plaintiff’s obligation to pay liquefied petroleum gas to

2. However, the lower court’s determination is difficult to accept for the following reasons.

According to the reasoning of the lower judgment and the record, the following facts and circumstances are revealed.

1) The Plaintiff is the representative director of C, a corporation established for the retailing of liquefied petroleum gas, and C, a corporation, around February 2008, entered into a liquefied petroleum gas supply contract with the Defendant. (2) On August 24, 2009, the Plaintiff entered into a mortgage contract with the Defendant on the instant apartment owned by C, with a view to securing the Defendant’s present or future liability within the scope of the maximum debt amount, or the debt arising from the loan, note, payment certificate, etc., and all obligations arising from the bills, check money, or commercial transaction, with respect to the apartment of this case owned by C, the debtor, the mortgagee, the Defendant, the maximum debt amount of 130,000,000 won, and the establishment registration of the instant mortgage was completed on August 25, 2009.

3. On September 3, 2012, C Co., Ltd. fully pays to the Defendant the price of liquefied petroleum gas that has been supplied to the Defendant, and this case.