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1. Revocation of the first instance judgment.
2. The plaintiff's claim against the defendant (appointed party) and the appointed party is dismissed in entirety.
Reasons
Facts of recognition
The Appointer Company B (hereinafter referred to as the "Corporation B") purchased a heavy-use bus, and received the loan from the Ariju Capital Co., Ltd. in the following manner: The defendant, the Selectioner Co., Ltd., and the Appointer D jointly and severally guaranteed the obligation of the loan to the Ari Capital Resolution Co., Ltd. in the following manner:
The Selection Bank Co., Ltd. has registered the creation of a mortgage with respect to each of the following used buses at the same time:
[Attachment 1] EF 1 EF 1 EF on April 3, 2008 25,000,000 on April 3, 2008 16/27.92 G H H on April 3, 2008 3, 2008 16/27.30,000,000 16/27.93 IJ on April 22, 2008 30,000,000 16/27.94 K L L on July 22, 2008 30,000,000,000 N on July 22, 2008 N on July 27, 207 205, it was scrapped each of the above part of LAF on July 30, 200,000,018/27.
In July 2009, the Designating Bank of Korea and the Aju Capital Resolution Co., Ltd. agreed to extend the respective loan period and to pay the principal and interest of loans in installments each month during the loan period, and at the time the defendant and the remaining designated parties have guaranteed the debt again.
The defendant and the designated parties provided real estate as collateral and set up a collateral.
On September 8, 2009, the Liby Capital Co., Ltd. and the Liby Capital Co., Ltd. Co., Ltd. prepared a notarial deed of a monetary loan agreement to pay the total amount in installments each month by including interest in arrears with respect to each of the above loans as principal.
(hereinafter “each of the instant notarial deeds”). The Defendant and the Selection Bank Co., Ltd., and D jointly and severally guaranteed their debts, and the guarantee period and the maximum guarantee amount were set as follows:
[Attachment 2] The repayment period in installments of the No. Serial No. 4178, 4178, 1209, 23,943, 2809, from September 14, 2009 to January 14, 2014, 28% per annum 22,217,422, 59, 209, No. 4179, 23.