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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.
2...
Reasons
1. Basic facts
A. The Plaintiff and the designated parties entered into a credit transaction agreement as follows (hereinafter “the credit agreement of this case”).
On March 29, 200, Defendant 2,80,000 won, Defendant 195 million won, May 26, 2001, Defendant 3,000,000 won, Defendant 4,00 million won, Defendant 2,80,000 won, which is a joint and several surety for the credit commencement date, as of May 26, 2001, Defendant 3,95 million won, May 16, 2001, and KRW 4,80,000 won, Defendant 57,20,000 won, Defendant 3,90,000 won, as of May 17, 2002, Defendant 5,7,000 won, as of August 21, 2003.
B. In order to secure each credit claim, etc. of this case, the Plaintiff set up a collective security right of KRW 7,40,000,000 (hereinafter “instant collective security right”) with respect to the land and factories (including machinery) on August 21, 2003, with the priority of the maximum debt amount of KRW 7,40,000,00 (hereinafter “instant collective security right”) and the maximum debt amount of KRW 3,60,000 (hereinafter “instant collective security right”). Based on such collective security right, the Plaintiff filed an application for voluntary auction with the Daejeon District Court D on the basis of the collective security right. On February 11, 2008, the Plaintiff filed a report on the said voluntary auction procedure (hereinafter “instant auction procedure”), including each credit claim of this case, on February 28, 2008, the total amount of the credit amount as of February 28, 2008, which is the dividend amount of KRW 305,000,000.
Items 1 Credit 2,250,000 won, 9,074,411 won (25,074,411 won) 2,250,000 won (2,250,000 won) 2,250,000 won (31,763,629 won) 3,881,204 won (33,881,204 won) 33,881,204 won (44,489,095 won 39,226,431 won (25,50,000 won) 2,975,26,26,431 won (26,431 won) 25,26,410,431 won, 509,485 won (2,75,7537,7537,75,7537,7537,757,739,75,757,737,7500 won)
C. Meanwhile, on October 22, 2007, the Korea Credit Guarantee Fund was selected to the Plaintiff on the part of each of the credit claims of this case.