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1.The judgment of the first instance shall be modified as follows:
Each real estate listed in the separate sheet between the defendant and C (D).
Reasons
1. Basic facts
A. The status of the parties 1) A Bank Co., Ltd. (hereinafter “A Bank”);
A) A company established under the Mutual Savings Banks Act for the purpose of receiving deposits and installment savings, and was declared bankrupt on August 16, 201 by the Financial Services Commission on or around April 29, 201 as the Busan District Court 201Hamhap4, which was subject to a disposition of business suspension on or around August 16, 2012. The Plaintiff was appointed as a trustee in bankruptcy of A Bank on the same day. (2) E Co., Ltd (hereinafter “E”) is a company established for the purpose of housing construction business, real estate rental business, and sales business.
C as a major shareholder of E, from December 4, 199 to March 2, 2003, from March 3, 2003 to December 5, 201, from March 3, 2003 to December 5, 201, as E’s director and representative director, and from February 27, 2012 to December 11, 201, as E’s internal director and representative director, and the Defendant served as E’s auditor from November 5, 2008 to March 31, 201.
B. On August 23, 2007, A bank entered into the instant credit transaction agreement and joint and several sureties 1) A bank entered into a credit transaction agreement with E (hereinafter “the instant first credit transaction agreement”) with E, and the obligation under the said agreement is “the first loan obligation of this case.”
A) Upon entering into a loan transaction agreement with E on June 19, 2009 (hereinafter “the second loan transaction agreement of this case”) with E to set forth a credit transaction agreement between E and E on June 19, 2009 (hereinafter “the second loan obligation of this case”) with the limit of the second loan guarantee amount of KRW 5,200,000,00,00. According to the second loan transaction agreement of this case, E with the limit of the second loan guarantee amount of KRW 26,00,00,000, the second loan transaction agreement of this case was concluded.
C. E’s loss of benefit of time 1 E is each of the instant cases.