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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. The Plaintiff’s claim for reimbursement against C is established 1) On May 20, 2010, the Plaintiff Co-Defendant A Co-Defendant A corporation of the first instance trial (hereinafter “A”).
) A credit guarantee agreement between the amount guaranteed and the amount guaranteed 475,000,000 won (hereinafter referred to as “instant credit guarantee agreement”).
Upon the conclusion of the credit guarantee agreement in this case, C has jointly and severally guaranteed the obligation of A to the Plaintiff. 2) A borrowed 500,000,000 won as collateral under the credit guarantee agreement in accordance with the credit guarantee agreement in this case from the Nonghyup Bank Co., Ltd. (the relevant High Military Branch), but caused a credit guarantee accident which delayed payment of interest on March 27, 2014. Accordingly, on June 26, 2014, the Plaintiff subrogated to the Nonghyup Bank Co., Ltd. for 476,280,547 won (i.e., the guaranteed principal amount of KRW 475,00,000).
3) After that, the Plaintiff filed a lawsuit against C with the Plaintiff seeking the payment of indemnity. On September 17, 2014, the court of the first instance rendered a judgment that “C shall pay to the Plaintiff the amount of KRW 479,541,130 and KRW 476,280,547 per annum 12% from June 26, 2014 to July 21, 2014, and the amount calculated at the rate of 20% per annum from the next day to the day of full payment,” and the said judgment became final and conclusive as it did not appeal by C. B. On February 25, 2014, the mortgage contract between C and the Defendant was signed as it did not file an appeal.
A) As to the instant mortgage contract with a maximum claim amount of KRW 66,00,000 (hereinafter “instant mortgage contract”).
(C) At the time of entering into the instant mortgage contract, C owned the instant apartment, which is the only property as active property, and at least KRW 1,365,928,497, which is a small property, at least 1,365,928,497, as a joint and several liability obligation against the Plaintiff (=the joint and several liability obligation against the Plaintiff).