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1. Of the parts against the defendant in the judgment of the court of first instance, the following cancellations and restorations shall be ordered:
Reasons
1. Basic facts
A. The Plaintiff’s loan and C’s joint guarantee 1) Plaintiff on October 30, 2008 (hereinafter “A”)
(2) On October 23, 2009, the Plaintiff extended KRW 500 million to B Co., Ltd. (hereinafter “B”) on October 23, 201, as the due date for repayment was determined and extended to October 30, 2009 (after that date, extended to October 30, 201), and C guaranteed the above loan obligations. As of July 28, 201, the above loan was in excess of KRW 500,842,816, the principal amount, interest, and delay damages. (2) As of October 23, 2009, the Plaintiff extended the loan to C on October 23, 2010, and jointly and severally guaranteed the above loan obligations, and as of July 28, 201, the above loan was in excess of KRW 283,823,527, interest and delay damages, and KRW 4279,796,796.
B. C’s disposal of property 1) Defendant’s loan and C’s joint and several sureties on June 26, 2009, the repayment period of KRW 2 billion to A on June 26, 2012, and the repayment method of KRW 500 million out of the loan shall be repaid within one year and the remainder of KRW 1.5 billion shall be repaid in installments for two years (hereinafter “instant loan”), and the loan was transferred from A for the security.
B) On June 26, 2009, C, the representative director of A, jointly and severally guaranteed the instant loan obligation up to the limit of KRW 2.4 billion. 2) Upon A’s request, the Defendant: (a) took the repayment method of the instant loan as KRW 100 million on June 26, 2010; and (b) changed the repayment method into the repayment method as KRW 100 million on July 30, 2010; and (c) divided into two years and repaid the remainder of KRW 1.8 billion on a two-year basis; and (d) entered into a mortgage agreement with C on June 28, 2010 as to the real estate listed in [Attachment 1] List of Real Estate (hereinafter “instant first mortgage agreement”).
(B) On the same day, the Defendant completed the registration of creation of a neighboring mortgage with A as the debtor, and the Defendant as the mortgagee. The Defendant failed to pay KRW 225 million as the installment repayment of the instant loan that became due on September 26, 2010, which became due on September 26, 2010.