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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
purport:
Reasons
1. Basic facts
A. On March 23, 2007, the Plaintiff jointly and severally guaranteed the D’s debt of KRW 20,000,000,000 for loans to the Seosan Agricultural Cooperative (hereinafter “instant agricultural cooperative”), respectively, around June 24, 2009.
B. D’s delinquency in payment of each of the above loans. On May 29, 2010, the following agreements were concluded between the Plaintiff and D and D (C’s father) (hereinafter “instant agreement”). Accordingly, on August 11, 2010, the Plaintiff subrogated to the instant association KRW 26,910,419 in total for D’s loans.
Agreement
1. The Plaintiff, a joint and several surety, pays the principal and interest of the loans to the instant union by the end of August 2010.
2. D shall pay the amount subrogated to the Plaintiff by the end of August 2011 to the Plaintiff with interest of 20% per annum on the amount subrogated as principal and interest thereon.
3. If D fails to pay the said amount to the Plaintiff by the end of August 2011, the father C of D agrees to pay the amount subrogated by the Plaintiff, and C is a joint and several surety of D.
C. At the time of the instant agreement, C owned the real estate listed in the separate sheet (hereinafter “instant real estate”); and individually named the instant real estate, E, N,O, P, F land located in the following and F-ground buildings and G forest land and G forest land and 2,083 square meters (hereinafter “instant forest”).
C On June 25, 2010, after the instant contract was concluded, on June 25, 2010, the registration of ownership transfer was completed on the ground of the sales contract on June 14, 2010 (hereinafter “instant sales contract”). D.
C After the instant sales contract was concluded on August 10, 2010, the Plaintiff completed the registration of ownership transfer for shares of 1/4 out of the forest land of this case to H, I, J, and Cho Jong-man K, one of their own children on the grounds of donation. However, the Plaintiff on November 8, 2010 thereafter.