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1. The judgment of the court of first instance is modified as follows.
The defendant shall pay to the intervenor succeeding to the plaintiff KRW 89,694,304 and this shall apply.
Reasons
1. Facts of recognition;
A. On February 15, 2006, Han Bank Co., Ltd. (hereinafter “I Bank”) granted a loan (hereinafter “the instant loan”) of KRW 150 million at a fixed rate of 19% per annum (17% per annum in cases where the extension period is less than three months per annum) to B under the pretext of a general loan, and the Defendant, the spouse of B, set the guarantee limit amount at KRW 195 million per annum in the same day as KRW 195 million, and jointly and severally guaranteed a debt to Han Bank.
B. In addition, on February 15, 2006, the Defendant completed the registration of the establishment of a neighboring housing unit with a maximum debt amount of KRW 195 million with respect to D Apartment 112 Dong 1007 (hereinafter “instant apartment”), which is one of the joint owners of the said apartment units, as the joint collateral of the said apartment unit. On the other hand, E and F provided as the joint collateral of the said apartment unit (hereinafter “instant apartment”).
C. On March 8, 2012, Han Bank transferred the instant loan claims to the Plaintiff according to the asset transfer agreement between the Joint Asset Management Company and the Plaintiff on March 29, 2012, and the asset transfer agreement between the Joint Asset Management Company and the Plaintiff on March 29, 2012. On March 30, 2012 and April 2, 2012, Han Bank sent to each B a written notice of the assignment of the said claims by content-certified mail, and completed the notification procedure of the assignment of claims on April 17, 2012.
On June 22, 2012, the Plaintiff, the transferee of the instant loan claim, received KRW 135,612,509 in the auction procedure for real estate for the instant apartment and the instant land from the Gwangju District Court Hacheon-gu District Court H, Gwangju District Court. The Plaintiff received dividends of KRW 175,065,737 [the purchase price = 145,650,700 won [the sale price = 113,100,000 won for the instant apartment (= KRW 32,500 for the instant land of KRW 32,50,000 for the interest of KRW 489,420 for the interest of KRW 27,653,150 for the interest of KRW 27,653,150 for the sale price of KRW 1,273,167] from the remainder of the actual dividends of KRW 170,828,807 for the instant apartment.