beta
Text
1. Of the judgment of the first instance, the part against the defendant against the plaintiff A shall be revoked, and the part against the above revocation shall be revoked.
Reasons
1. Basic facts
A. D is the actual operator of E Co., Ltd. (hereinafter “E”), and the owner of F Nos. 1, 3, 6, 50, 53, 59, 61, 84, 93, 94, 95, 98, 104, 107, 109, 1, 23, and 36 (hereinafter “instant building”).
E was changed to “Hart” after the trade name of the G Marart was changed from the instant building. The E operated the instant marina (hereinafter “instant marina”).
B. At the time of March 29, 2013, Plaintiff A lent KRW 100,000,000 to I, who was the representative director of E on the registration of E, as “12% per annum of April 12, 2013 during the repayment period,” and Plaintiff A was provided as security for transfer by means of occupying and amending the goods in the instant marina, and D and E guaranteed the said debt on the same day.
C. Plaintiff B lent KRW 230,00,000 to D on June 11, 2012, to “20,000,000 during the repayment period, 2.5% on December 10, 2012,” and completed the registration of creation of a mortgage on the instant building as security on June 12, 2012, with regard to the establishment of a mortgage on KRW 350,000,000 on August 3, 2012, the amount of KRW 60,000,000 was determined as “30% per annum of the repayment period,” and was offered as security by occupying and amending the facilities within the instant marina.
The defendant is the representative of J (hereinafter referred to as the "J") and has been working as the occupant of the instant marina from the end of 2012, and has more than KRW 170,000,000 against E.
E. On June 24, 2013, J has leased the instant building at KRW 500,00,000,000 per lease deposit, and KRW 7,000 per month of rent. Of the collateral security established by J in the instant building, the remainder of six collateral security obligations (including the collateral security obligations of Plaintiff B as described in paragraph (c) above) excluding the first collateral security obligations in the name of the National Bank, out of the collateral security obligations established by J.C. 30,00,000.