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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. Facts of recognition;
A. On January 22, 2009, the Plaintiff lent KRW 150,000,00 to Defendant B for interest rate of KRW 3% (payment on April 22), the due date for payment was April 22, 2009 (hereinafter “the instant loan”), and Defendant D guaranteed the Defendant B’s above obligation.
B. At the time of borrowing the loan, Defendant B created a right to collateral security with Defendant B, the obligee, the maximum debt amount of KRW 225,00,000 on the land and building owned by the Plaintiff.
Defendant B sold the said real estate to F on August 28, 2009, and completed the registration of ownership transfer on October 9, 2009. In that process, Defendant B repaid the Plaintiff KRW 70,000,000, and the Plaintiff cancelled the said right to collateral security on September 2, 2009.
C. Defendant B, along with J and K, had the claim of KRW 550,00,00 against I, and the claim of KRW 603,00,00 in Pyeongtaek-si G G with the secured claim, and KRW 700,000 in maximum debt amount as to KRW 635,00,00 in H-type 635,00 square meters (hereinafter “O-real property”), and Defendant B and J with the joint mortgagee I, Defendant B and J, and K with the secured claim (hereinafter “instant secured claim”). At the time of the loan, Defendant B transferred the said secured claim to the Plaintiff on the ground of partial transfer of the confirmed claim on the same day.
On February 13, 2013, the Plaintiff transferred the instant collateral security claim to M in KRW 98,000,000, and appropriated the said money to repay the instant loan claim.
M on February 18, 2013, after completing the registration of transfer of the foregoing collateral security interest, M was sold in KRW 318,800,000 in the case of the auction of Nreal estate in Suwon District Court of Suwon District, and M was distributed in KRW 104,98,137 out of the amount to be distributed after deducting the auction cost, etc. on December 18, 2013.
E. The Plaintiff received reimbursement of KRW 4,50,000 each over three occasions on February 23, 2009, March 24, 2009, and April 29, 2009.
G. Meanwhile, Defendant D’s account is the instant loan.