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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. Facts of recognition;
A. On February 19, 2009, the Plaintiff entered into a credit guarantee agreement with the co-defendant A and B of the first instance trial to provide a loan of KRW 50 million from the Korean bank, setting the Plaintiff’s payment of the said loan as the guaranteed amount of KRW 50 million and the term of guarantee until February 18, 2010 (the last change was made until February 14, 2014).
B. As the Plaintiff lost the benefit of July 12, 2013 due to the Plaintiff’s failure to repay the above loan at once, the Plaintiff subrogated to the Bank KRW 45,212,036 on September 10, 2013 in accordance with the credit guarantee agreement, and 22,535 won was incurred by subrogation, and the agreed delay damages rate is 12% per annum.
C. B, on January 22, 2013, entered into a sales contract for selling 180,000,000, 102-dong 501 (hereinafter “instant apartment”) to G, which was one of its own possession, and completed the registration of ownership transfer to G for the instant apartment on the same day. However, the 120,000,000 won out of the above sales price was replaced by the deposit for lease deposit that B shall return to G. The maximum debt amount of 75,920,000 won set forth in the instant apartment and deducted the actual debt amount of 34,926,916 won at the time of acquiring the right to collateral security (=180,000,0000 -120,000,000,000 won - 120,000,000 won, and received payment from G as the remainder sales price of KRW 34,926,000).
On the other hand, upon the completion of the marriage report on April 10, 1991, the Defendant purchased from D-owned building 402, 700,000,000, and completed the registration of ownership transfer on March 27, 2013, the amount of KRW 70,000,000 out of the purchase price shall be appropriated as KRW 70,00,000, B’s deposit to be returned from D, and the remainder of KRW 42,00,00,000,000 from the loan of the instant house with the loan of KRW 70,000 on March 27, 2013.
E. B and the Defendant on November 5, 2013.