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1. The plaintiff's appeal is dismissed.
2. On the ancillary claim of the Plaintiff as added at the trial:
A. Defendant D.
Reasons
1. Basic facts
A. The Plaintiff’s claim for indemnity, etc. 1) The Plaintiff Company C (hereinafter “C”).
(1) As between the two, each credit guarantee agreement with the following content (hereinafter referred to as “each credit guarantee agreement of this case”):
(C) At the time of each credit guarantee agreement, C entered into a joint and several guarantee agreement with C to jointly and severally perform all obligations owed by C under each credit guarantee agreement between C and the Plaintiff at the time of the instant credit guarantee agreement.
3) Upon the settlement of insolvency around May 2014 by C, the Plaintiff subrogated for a loan to each of the above financial institutions in accordance with the credit guarantee agreement of this case on May 7, 2014 and June 27, 2014, and on this ground, on July 22, 2014, the Plaintiff filed a lawsuit seeking reimbursement against C and its representative director D, etc. on the basis of Seoul Western District Court Decision 2014Da232060. On October 10, 2014, the above court rendered a judgment that “C and D jointly and severally pay to the Plaintiff KRW 875,720,921 and its delay damages,” and the above judgment was finalized on November 1, 2014, and the Plaintiff filed a provisional attachment registration as to the real estate (hereinafter “instant real estate”).
B. A lease contract, etc. between the Defendant and D between August 4, 2013, the Defendant entered into a lease contract with the following terms: (a) the lease deposit for one column among the instant apartment units is KRW 20,000,000; (b) the rent is KRW 150,000 per month; and (c) the lease term is from August 4, 2013 to August 3, 2016 (hereinafter “instant lease contract”).
(2) After the conclusion of the instant lease agreement, the Defendant completed the move-in report to the instant apartment on January 10, 2014.
C. As to the apartment of this case 1, the mortgagee, corporation with the right to collateral security.