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

2. The costs of the lawsuit after the appeal are filed.

1. Facts of recognition;

A. On May 30, 2007, the Plaintiff leased KRW 20 million to C with interest rate of KRW 4% per month. At the time, the Plaintiff completed the registration of the establishment of a neighboring mortgage with respect to the D-W-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant land”) owned by the non-H and two other persons, with the maximum debt amount of KRW 30 million as of June 5, 2007, No. 10612, Jun. 5, 2007, and the obligor C and the Plaintiff as the Plaintiff.

B. On June 26, 2009, the registration of the establishment of a neighboring mortgage was cancelled, and the Defendant (C’s children) acquired the ownership of the instant land. On September 27, 2010, the Plaintiff obtained the registration of the establishment of a neighboring mortgage with respect to the instant land as the receipt of the Daejeon District Court Taean District Court’s 17902 No. 17902, Sept. 27, 2010, the Plaintiff completed the registration of the establishment of a neighboring mortgage against the obligor, C, and the obligee.

(C) At the time of September 27, 2010, the Plaintiff: (a) obtained, from September 20, 2010, a receipt (Evidence A 2; hereinafter referred to as “the first certificate”) stating the amount of KRW 25 million from the Defendant as the primary debtor C, the Defendant, the joint guarantor, and the amount of KRW 30 million; and (b) obtained from the Plaintiff a receipt stating the amount of KRW 25 million (Evidence A; hereinafter referred to as “the first certificate”). (d) On September 15, 2011, the Plaintiff received from the Plaintiff a loan certificate stating the amount of KRW 10.4 million, interest rate of KRW 4 million, and the due date of payment on January 15, 2012 (Evidence A; hereinafter referred to as “the second certificate”) and a receipt stating the amount of KRW 8 million as the amount of KRW 16.1,000,0000,000 from the registry office (the maximum amount of debt amount of KRW 198, etc.).

On June 17, 2015, the Plaintiff received dividends of KRW 18,287,207, out of the claimed amount of KRW 40,400,000,000 from the Plaintiff in the auction procedure of real estate Seosan Branch E with each of the above collateral security interests.

[Grounds for recognition] The written evidence Nos. 2, 4, and 5 and the purport of the whole pleadings

2. Determination

A. The plaintiff alleged by the parties is a joint and several surety by the defendant.