1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. On October 21, 2004, the Bank established and lent KRW 50,000,000 to B Co., Ltd. (hereinafter “Nonindicted Company”) at a rate of 17% per annum (less than 3 months) or 19% per annum (not less than 3 months) (hereinafter “the instant loan”), and the Defendant and C as well as C jointly and severally guaranteed the instant loan obligations within the limit of KRW 60,000,000, respectively.

On December 16, 2005, on the date of notification of the transfer as the date of the transfer transfer, the transferee, 1, Korea Bank, Korea Bank, Korea Bank, ESBS 5, Korea Asset-backed Securitization Co., Ltd. on December 14, 2005, HBS 5, Korea Asset-backed Securitization Co., Ltd. on January 17, 2008, HBS 3, 2008, HBS CWS CWS Partnership Limited Co., Ltd. on July 3, 2009, and on July 20, 2009, the transfer was announced to the Defendant on July 25, 201, 201, stating the fact of the transfer on July 25, 201 as follows.

On the other hand, on April 10, 2006, 46,425,871 won was distributed in the auction procedure for real estate provided by the non-party company as security, and winning the lawsuit of demurrer against distribution against the lessee on the above real estate, the first transferee of the SSB and the first transferee of the 5th securitization limited company received additional dividends of KRW 12,00,000 on July 18, 2007, and appropriated each of the above dividends for the repayment of the loan claims of this case.

A claim for the instant loans after satisfaction of each of the above claims for appropriation of appropriation remains in the sum of KRW 4,745,162 as of May 15, 2012 and KRW 5,524,264 as of KRW 79,100.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 10 (including each number), and the purport of the whole pleading

2. Determination

A. According to the facts of recognition, the Defendant’s acquisition of the loan (the principal and interest of the loan) shall be KRW 5,524,264, and the principal and interest thereof shall be KRW 4,745,162, barring special circumstances.