beta
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Progress of the case;
A. The Plaintiff is a party-related one) A Co., Ltd. (hereinafter “C”) around 2003.
(E) at the time of Ansan, E Apartment (hereinafter “E”) on the G’s ground.
(2) The Defendant is a creditor who lent KRW 500 million to C, an apartment construction company.
3) On September 20, 2003, C completed the registration of initial ownership as to E, and on the same day, C completed the registration of ownership transfer for reasons of the trust as of September 8, 2003 to the Korea Land Trust Co., Ltd., but around November 2003, F et al. at the time, C et al. terminated the trust for some apartment buildings, and C et al. terminated the trust for some apartment buildings, received the registration of ownership transfer in the future, and followed the end-of-life after getting secured loans from the financial institution, and obtained the registration of ownership transfer in the future. (4) On January 2, 2004, the Plaintiff was appointed as the representative of the bond group (hereinafter “mortgage group”) composed of 40 creditors with respect to C on the other hand, and was appointed as C’s representative director on January 7, 2004 by accepting C’s shares.
B. Agreement 1 on the Transfer of Documents for Claim Cancellation between C and the Defendant: (a) from January 2004 to March 2, 2004, C and the Credit List received a claim report from C from the creditors; and (b) decided to transfer an apartment complex equivalent to 70% of the amount of the reported credit in cash instead of paying the amount of the credit in cash. (c) On March 2004, the Defendant made a proposal to pay 50% of the amount of the credit amount in cash (2.5 million won) to C and the Credit Group, instead of giving up apartment housing equivalent to 70% (3.5 million won) of the amount of the loan credit, to C and the Credit Group on March 2004.
Accordingly, on March 30, 2004, the agreement was reached between C and the Defendant on March 30, 2004, and the Plaintiff jointly and severally guaranteed the debt owed to C and the Defendant of the claim group (hereinafter “instant agreement or agreement”), and the main contents are as follows:
(A3-1. (1) confirm that the amount of credit against the defendant C is KRW 500 million, and C and the claim group are as follows.