1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

1. Basic facts

A. The Plaintiff, who worked in M (representative: D), supplied drugs to the “K Hospital” operated by the Defendant from around 1989 to 1997, on behalf of the Defendant, and provided the Defendant with personal and physical security on the Defendant’s loan obligations.

B. On December 17, 1997, the Defendant completed the registration of creation of a neighboring mortgage of KRW 1.5 billion with respect to the creditor D and the maximum debt amount of KRW 1.5 billion with respect to the land, etc. (hereinafter “instant real estate”) in Daegu-gu E, Seo-gu, Incheon-gu, and four lots, other than 1103 square meters (hereinafter “instant real estate”).

C. On April 16, 2001, the Defendant: (a) prepared a letter (Evidence A 3; hereinafter “instant letter”) confirming the existence of the existing debt amount of KRW 1.5 billion to the Plaintiff; (b) the content is as follows.

각 서 金 壹拾五億원(1,500,000,000원) 상기금은 피고가 원고에게 지불할 총부채(십오억 원)으로서 완불할 때까지 평생 유효함을 인정하고, 만약 본인(피고)이 완결하지 못할 시에는 피고의 아들인 N가 자동으로 승계할 것을 확약한다.

(Provided, That this is to recognize only the remaining amount except for the amount to be settled, and the price increase and the statutory interest rate from the date of pledge shall be recognized).

D. On May 22, 2003, the Defendant filed a lawsuit claiming the cancellation registration of ownership transfer of the instant real estate against L Co., Ltd. (Tgu District Court 2003Gahap7368, hereinafter “the above cancellation registration lawsuit”).

E. On June 7, 2004, when the above lawsuit for cancellation registration was pending, the Defendant agreed with the Plaintiff on June 7, 2004 that the Plaintiff shall pay the different amount of money to the Plaintiff according to the failure of the above lawsuit for cancellation registration (the evidence No. 1, hereinafter “instant agreement”). The main contents are as follows.

The Defendant, the obligee, or the Plaintiff (or D) of the Agreement is currently pending in the litigation, and the 1103m2 in Seo-gu, Seogu, Daegu City, Daegu, and the f28m2.