1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Facts of recognition;

A. On January 29, 2010, Hyundai Social Co., Ltd. loaned KRW 60,000,000 to C for a loan period of 48 months, interest rate of loan 25% per annum, overdue interest rate of 29% per annum (hereinafter “instant loan”). On the same day, B provided joint and several sureties’s debt guarantee (hereinafter “joint and several sureties”).

B. On April 2, 2013, the Plaintiff received a claim against B from Hyundai Social Co., Ltd., and notified the Defendant of the assignment of claims on May 29, 2015 with the delegation of the authority to notify the assignment of claims from Hyundai Social Co., Ltd. (in Busan District Court 2014Na44038, May 29, 2015, the Plaintiff notified the Defendant of the assignment of claims as a preparatory document of May 29, 2015). The said preparatory document was served on the Defendant on June 1, 2015.

C. C delayed the repayment of the above principal and interest of the loan, thereby losing the benefit of March 25, 2013. As of March 25, 2013, the remaining principal is KRW 23,462,049, the unpaid interest rate is KRW 875,242, and damages for delay is KRW 42,677.

B owned the real estate indicated in the separate sheet (hereinafter “instant real estate”). However, as the deceased D died, B (the heir’s share 3/7), E, and the Defendant (the heir’s share 2/7), on April 1, 2012, entered into an agreement on division of inherited property with the content that the instant real estate was owned solely by the Defendant (hereinafter “instant agreement on division”). According to the instant agreement on division, the ownership transfer registration was completed in the Defendant’s future with the Busan District Court, the Busan District Court, the registration office, and the registry office, as of January 2, 2013, as of the instant real estate.

E. B at the time of the split-off consultation, the inheritance shares in the instant real estate were the sole property.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Gap 2 (application for loans from modern society, and it is presumed that the truth of the entire document has been established because there is no dispute over the stamp image part of Eul), Gap 3 through 7, 16, and 17 (each number is included) and the purport of the whole pleadings.

2. Determination.