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1. The part of the judgment of the court of first instance against the Defendants shall be revoked.
2. The Defendants are jointly and severally with the co-defendant A of the first instance trial.
Reasons
1. Facts of recognition;
A. On June 9, 2011, the Korea Key Savings Bank (hereinafter “Korea Key Savings Bank”) extended a loan to Co-Defendant A (1) to the Co-Defendant A (hereinafter “Co-Defendant C”) at the first instance trial: (a) the rate of KRW 2,300,000 per annum to A on June 9, 201; (b) the rate of 11% per annum to less than three months but less than six months in arrears; (c) the rate of delay damages calculated by adding the rate of 12% per annum to the rate of 10% per annum; (d) the rate of delay damages for more than three months and less than six months; and (e) the period of maturity on June 9, 2012.
(2) In order to secure the obligation of the instant loan, A designated the KIKO Savings Bank as the beneficiary of the trust with respect to 1128m2 in Seo-gu Incheon, Seo-gu, Incheon.
B. On June 8, 201, the Defendants’ physical guarantee and comprehensive collateral guarantee (1) the KIKO Savings Bank, the obligor A, and the secured debt are the instant loans. (A) Defendant B assessed the actual collateral value at KRW 328,000,000 with respect to the D Apartment Nos. 932 and 602 (the actual collateral value was assessed at KRW 328,00,000; hereinafter “B-Housing”); and (b) the registration of the establishment of a collateral security (B-mortgage) with respect to the F202 (the actual collateral value was assessed as KRW 145,00,000 on one parcel, other than Gangseo-gu Seoul Metropolitan Government, as well as KRW 145,00,00; hereinafter “C Housing”); and (b) Defendant C completed the registration of each of the instant housing and each of the instant collateral security claims at KRW 200,000,000 with each of the instant maximum debt amounts as to the instant housing (hereinafter “each of the instant housing”).
(2) On June 9, 2011, the Defendants entered into a contract to provide comprehensive collateral guarantee (hereinafter “instant collateral guarantee contract”) within the limit of KRW 3,220,000,000 with respect to A’s obligation to the KIKO Savings Bank.
C. On June 21, 2013, the KIKO Savings Bank, which transferred the principal and interest of the instant loan, shall all the remaining principal of the instant loan and KRW 69,163,597, interest and delay damages claims to the Plaintiff.