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1. The part against the defendant in the judgment of the first instance is revoked.
2. The plaintiff's claim against the defendant is dismissed.
3...
Reasons
1. Basic facts
A. E Cooperatives (hereinafter “E Cooperatives”) held claims against the Defendant for loans on the collateral security, and the specific details of the relevant collateral security are as follows:
D. (1) See the foregoing paragraph (1), the co-defendant D of the first instance court, who was the defendant's director for the repayment of interest on the above-mortgage loan claim, was given a credit loan amounting to KRW 15 million on August 29, 2014 with the maturity of payment on August 29, 2015; the interest rate of KRW 10.25% per annum; the delay rate of KRW 20.25% per annum; and the delay rate of KRW 20.25% per annum at the time of arrears exceeding 90 days per annum 22.25% per annum at the time of arrears exceeding 21.25% per annum; and the Defendant jointly and severally guaranteed the above credit loan obligation of D’s E-guarantee within the limit of KRW 19.5 million.
B. On November 6, 2014, the Trade Union notified the Defendant that “the entire amount of the collateral security right and the credit related thereto” was transferred to F by content-certified mail to the Defendant, and the above notification reached the Defendant at that time. ② On the same day, F notified the Defendant that “the entire amount of the collateral security right and the credit related thereto” was transferred to G by content-certified mail, and the notification reached the Defendant around that time. ③ On December 31, 2015, G notified the Defendant that “the collateral security right and the credit related claim” was transferred to G by content-certified mail, and the notification reached the Defendant around that time.
C. (1) On May 16, 2017, the Trade Union notified the Defendant of the content-certified mail that it transferred “credit loans” to F on October 30, 2014, and (2) on May 16, 2017, F notified the Defendant of the fact that it transferred “credit loans” to G by way of content-certified mail, and (3) on May 18, 2017, G notified the Defendant that it transferred the “credit loans” to the Defendant by content-certified mail, and the above notification was sent to the Defendant around that time.
① Seoul, which was owned by the Defendant.