1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Presumed facts

A. A. Around May 31, 2012, B entered into a credit guarantee agreement with an I Bank and the Plaintiff’s subrogation. Around May 31, 2012, B borrowed KRW 73 million from the I Bank. In relation to the above loan, the Plaintiff entered into a credit guarantee agreement with the 58,400,000 won (80% of the guaranteed amount). (2) On May 27, 2016, B incurred a credit guarantee accident, the Plaintiff paid to the I Bank a total of KRW 45,360,000 and interest KRW 205,632,000,000,000 and KRW 45,565,632,000,000,000 in total, and KRW 205,632,000,000 from the I Bank around July 18, 2012.

The plaintiff entered into a credit guarantee agreement with the non-party company up to KRW 90 million in relation to the above loan, and the non-party company's debt to the plaintiff was jointly and severally guaranteed.

② On July 17, 2015, the amount of the loan was changed to KRW 87 million, and as a result, B was jointly and severally guaranteed by K Bank.

In addition, the Plaintiff’s credit guarantee agreement also changed the amount to KRW 78,30,000.

③ On June 14, 2016, Nonparty Company caused a credit guarantee accident. Around June 21, 2016, the Plaintiff paid to K Bank the total of KRW 78,292,853 of the loan balance of Nonparty Company KRW 87,00,00,00, and interest KRW 176,950, and KRW 78,469,80.

B. On November 2, 2015, B created the right to collateral security (hereinafter “instant right to collateral security”) with respect to each parcel of land indicated in the text of this case, concluded the right to collateral security with the Defendant and the maximum debt amount, each of which is KRW 50 million, and completed the establishment of the right to collateral security (hereinafter “instant right to collateral security”). On the same day, B established the right to collateral security (hereinafter “instant right”) based on each of the aforementioned rights

C. The auction procedure and the distribution schedule ① the compulsory auction procedure for real estate under the head of Suwon District Court D and E (Dupl) with respect to the real estate stated in the paragraph (a) of the disposition No. 1, which is owned by B (1,39 square meters prior to C in Gwangju-si).