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1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's claim against the above cancellation portion is dismissed.
3.
Reasons
1. Determination on the cause of the claim
A. 1) On November 17, 2004, the Defendant borrowed a loan of KRW 350 million from the Plaintiff on November 17, 2009, setting the due date for payment as of November 17, 2009 (hereinafter “the first loan”).
(2) On November 24, 2005, the Defendant was granted a loan of KRW 350 million from the Plaintiff on November 17, 2009 on a joint and several guarantee basis, with the due date set as November 17, 2010 and the repayment period set as November 17, 2010, and only I became a joint and several surety. 2) The Defendant also borrowed a loan of KRW 350 million from the Plaintiff on November 24, 2005, with the due date set as November 17, 2009 under a joint and several guarantee by C.
(3) When the Defendant delayed the payment of interest on the second loan, the Plaintiff made the second loan amounting to KRW 350 million as a preserved bond, and on August 22, 2008, the Plaintiff made the amount of KRW 350 million as a preserved bond and owned by the Defendant E, forest E, forest E, 240 square meters, and 780 square meters prior to F. 780 square meters (hereinafter “G real estate”).
(4) In order to secure the secondary loan, the Plaintiff applied for a voluntary auction on the said real estate based on the right to collateral security (H in the Daejeon District Court Decision 2008Kadan4528) on November 24, 2005, with a maximum debt amount of KRW 560 million established on November 24, 2005, and demanded a distribution of KRW 452,06,513 as the principal and interest of the second loan at the auction procedure. The Plaintiff received only KRW 369,829,823 on October 8, 2009, and appropriated only the principal and interest of KRW 22,152m2 (D real estate) in the order of the Plaintiff’s overdue installment and overdue loan management regulations (Evidence evidence 12), and only KRW 282,536,636,5136,629,6365,629,6365,629,6365,629,625,6365).
5) On November 17, 2009, the Plaintiff received repayment of KRW 19,669,944 from I as the remainder of the second loan, and the Plaintiff continued to pay interest on the second loan. 6) The Plaintiff is a “B real estate” of the land B in the Asan-si B forest land and 27,669 square meters, which is owned by the Defendant, covering all the first and second loans.