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1.The judgment of the first instance shall be modified as follows:
Defendant A and C (Tves) signed on May 11, 2010 45,00.
Reasons
1. Basic facts
A. The parties 1) Seoul Mutual Savings Bank (hereinafter “Seoul Mutual Savings Bank”)
(2) On September 26, 2013, the Plaintiff was declared bankrupt on September 26, 2013 by Seoul Central District Court 201Hahap139, and the Plaintiff was appointed as bankruptcy trustee. (2) The Defendants are C’ children who jointly and severally guaranteed the debt of D Co., Ltd. (hereinafter “D”) that was loaned by Seoul Mutual Savings Bank.
B. On August 29, 2006, the Plaintiff’s claim 1) D borrowed 5.2 billion won from Seoul Mutual Savings Bank at an interest rate of 12% per annum, 23% per annum, 23% per annum, and 29 August 29, 2007 due to the expiration date of the credit period (hereinafter “the instant loan”).
(2) On April 6, 2007, Korea Mutual Savings Bank established the right to collateral security (hereinafter “Seoul Mutual Savings Bank”) with respect to each one-half share of the land E and F and buildings on the same day, and C at the time established the right to collateral security (hereinafter “C”) with respect to each share of the maximum debt amount of 7.8 billion won, and C, which had been the representative director of D, guaranteed D’s joint and several debt obligations to D’s Seoul Mutual Savings Bank on April 6, 2007. D repaid the debt amount of KRW 100 million out of the loan obligations to Seoul Mutual Savings Bank. On August 29, 2007 and August 29, 2008, the remaining principal of the loan was extended to KRW 5.1 billion and the expiration date of the credit period of this case was extended on August 29, 2009.
3) However, D paid only the interest by April 28, 2009, and did not pay the interest, delay damages, and principal of the loan thereafter. Accordingly, Seoul Mutual Savings Bank participated in the auction procedure of real estate rent which the senior mortgagee of the real estate mentioned in paragraph (1) applied for with respect to the above real estate and received dividends of KRW 1,654,752,630 on June 23, 2010.
C. C Transfer 1 C to the Defendants is under the name of the Defendant at each date indicated in the “date” of Schedule 2-1 through Schedule 2-3 from March 9, 2010 to November 29, 2012 at its bank account and from March 9, 2010 to November 29, 2012.