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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
3. The parties indicated in the judgment of the court of first instance are indicated.
Reasons
1. This paragraph of the basic facts is deemed to be a counterclaim with the principal claim.
The following facts are not disputed between the parties, or can be acknowledged in full view of the purport of the entire pleadings in Gap evidence Nos. 1, 5 through 8, 10, 2-1, 2, 9-1 through 4, 2-1, 2, 3 and 5.
The Plaintiff concluded an agreement with the Industrial Bank of Korea as a creditor, E (hereinafter “E”) as a joint guarantor, F as a joint guarantor, and with the rate of 90% as 90%, ① the guaranteed amount of 85,00,000,000 won on June 5, 2012, and the term of guarantee until June 5, 2013 (amended by June 5, 2015), ② the guaranteed amount of 387,00,000,000 won on June 5, 2012, and the term of guarantee until June 5, 2020; ③ the guaranteed amount of 243,00,000,000 won on June 5, 2012, and ④ the credit guarantee period of 20,000 won on June 5, 202, and each credit guarantee period of 15, 201, respectively.
B. E received loans from the Industrial Bank of Korea on the security of each of the above credit guarantee instruments.
C. Between the Industrial Bank of Korea and the Industrial Bank of Korea, E entered into a mortgage agreement with respect to each real estate listed in the separate sheet Nos. 1 and 2, which was owned on June 14, 2012, and concluded with the Industrial Bank of Korea as to each real estate listed in the separate sheet No. 1 and 3,7657, the Industrial Bank of Korea received the total debt amount of KRW 516,00,000,000 (hereinafter “the first collateral mortgage”), and the Industrial Bank of Korea concluded an additional mortgage agreement with E as to each real estate listed in the separate sheet No. 3 and 4, as of July 12, 2012, and completed the registration of the establishment of a mortgage with the maximum debt amount of KRW 516,00,000,000, as of the day of indictment of the all-round collateral of the Jeonju District Court.
② On November 30, 2012, a contract to establish a mortgage shall be concluded with respect to each real estate listed in the separate sheet, factories, and machinery, etc. prescribed in Article 2012-230 of the Inventory 6 of the Mining Foundation Mortgage Act (hereinafter “each of the instant real estate, etc.”).