1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The plaintiff is a F's male f's male f, G's fraudulent act, and the defendant is G's female f's female k.

The defendant was the representative director of C(hereinafter referred to as “C”) and F was the inside director of C.

Pursuant to Article 520-2(1) of the Commercial Code, C is deemed dissolved from December 10, 2014.

B. C took out a loan of KRW 230 million at the Bank around August 2009.

In order to secure this, on August 19, 2009, the Plaintiff set up a collateral security right of KRW 420 million with respect to the debtor C, the mortgagee bank, the maximum debt amount, and the building on the ground (hereinafter “instant real estate”).

C. On November 18, 2013, the Plaintiff obtained a loan of KRW 230 million from the Hansung Property Insurance (hereinafter “instant loan”) and created the right to collateral security with regard to the instant real estate as the Hansung Property Insurance.

On the same day, the Plaintiff subrogated for a loan to the Korean bank C on the same day.

The right to collateral security in the name of the bank was cancelled on November 19, 2013.

On July 30, 2015, the Plaintiff repaid the instant loans with the sales price received while selling the instant real estate.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2 (including evidence with a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff’s assertion that C did not repay the Plaintiff’s debt to the Bank, and the Plaintiff and the Defendant agreed that “the Plaintiff shall repay the Plaintiff’s debt to the Bank with the instant loan in lieu of the Defendant’s debt to the Bank, and the Defendant shall be liable for the entire debt of the instant loan.”

Accordingly, as long as the Plaintiff subrogated for the obligation to the Bank of Korea with the instant loan, the Defendant is obligated to pay the Plaintiff the agreed amount or the joint and several guarantee amount of KRW 230 million and the delay damages therefor.

B. Judgment 1 Nos. 4 and 6, as well as Gap.