Of the judgment of the first instance, the part against the defendant is revoked, and the plaintiffs' claim against the defendant is dismissed.

1. Basic facts

A. As the Plaintiff did not receive monetary claims against C and D, the Plaintiff filed a complaint, which was prosecuted on October 15, 2013 as the fraud charges.

(Seoul Central District Court 2013 Ma6239).(b)

Plaintiff

A, C, and D agreed on July 17, 2014 with the following contents.

The parties to the instant agreement confirm that, with respect to the said criminal case, the amount not repaid until June 30, 2014 is KRW 130 million.

C shall pay to Plaintiff A KRW 130 million by June 30, 2018.

C In order to secure the payment of the above debt, in the name of the person designated by the Plaintiff A or the Plaintiff (the husband of the Plaintiff B, who is the husband of the Plaintiff A), the instant real estate (the first floor G apartment No. G apartment No. H, the owner: the person who was in a relationship with the Defendant C at the time of the Defendant; hereinafter the same shall apply) set a first priority mortgage, which gave rise to KRW 125 million of the maximum debt amount.

6.D is jointly and severally liable to confirm the above contents and to meet C’s monetary obligations.

C. According to the instant agreement on July 21, 2014, the establishment registration of the instant real estate, which was owned by the Defendant, was completed on July 21, 2014, based on the obligor C, the mortgagee B, and the maximum debt amount of KRW 125 million.

The main contents of the mortgage contract of this case are as follows.

The creditor and the mortgagee of the instant mortgage contract: The mortgagee of the instant mortgage: The maximum debt amount: KRW 125 million; the mortgagee of the instant mortgage under Article 1, within the scope of the said amount, shall set up a secured co-mortgage for all the obligations currently incurred or to be borne by the debtor against the creditor within the scope of the said amount.

Article 5. The surety is jointly and severally liable for this contract with the debtor and the person who has created the right to collateral security, and even if the whole or part of the right to collateral security becomes null and void due to any defect in the property mortgaged or for any other reasons,

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-5, and Eul evidence No. 1.