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. Basic facts

A. On April 4, 2013, the Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A Co., Ltd. (hereinafter “A”) entered into a credit guarantee agreement with the Plaintiff and the guaranteed amount of KRW 90,00,000, and the guarantee period from April 4, 2013 to April 4, 2016 (hereinafter “instant guarantee agreement”) and accordingly, borrowed KRW 100,00,000 from the Korean bank. Co-Defendant B Co-Defendant B of the first instance trial jointly and severally guaranteed the Plaintiff’s indemnity liability pursuant to the instant guarantee agreement.

B. However, around September 5, 2014, there was a guarantee accident where A delayed repayment. Accordingly, on December 26, 2014, the Plaintiff subrogated to the Bank for KRW 80,063,679 for the principal and interest of A.

C. On the other hand, on February 3, 2014, B concluded a sales contract with the Defendant, who is the mother, on the real estate listed in the separate sheet owned by him (hereinafter “instant real estate”) (hereinafter “instant sales contract”); on February 7, 2014, B completed the registration of ownership transfer stated in the purport of the claim (hereinafter “instant registration of ownership transfer”) to the Defendant on the grounds of the instant sales contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the facts above, at the time of the conclusion of the instant sales contract, the legal relationship that forms the basis for the Plaintiff’s claim for the advance reimbursement against B, which was jointly and severally guaranteed by B, was already established, and around September 5, 2014, the occurrence of a guarantee accident where the business owner delayed repayment in installments, resulting in a claim for advance reimbursement pursuant to the instant guarantee agreement. After which the Plaintiff paid the Plaintiff the principal and interest of A to the Bank on December 26, 2014, the claim for advance reimbursement against A was practically established by subrogation of KRW 80,863,679.