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. Basic facts

가. B은 2007. 8. 17. 주식회사 오쉘윈(이하 ‘오쉘윈’이라 한다)과 사이에 파주시 C 상가 제E-104호(이후 제3동 제C-107호로 교체되었다. 이하 통틀어 ‘제C-107호 점포’라 한다)를 분양대금 497,550,000원에 분양받기로 하는 내용의 분양계약을 체결하였고, 이후 위 분양대금 중 2차 중도금의 조달을 위하여 2007. 12. 17. 경기솔로몬저축은행으로부터 99,510,000원을 대출받았는데, 당시 원고가 위 대출금채무에 관하여 연대보증을 하였다.

B. After that, following the delay in the repayment of the principal and interest of the above loan, the Plaintiff subrogated for KRW 102,143,525 (i.e., the principal and interest of the bank up to April 17, 2009 (i.e., KRW 99,510,000 interest of KRW 2,633,525) on behalf of the said bank. On March 28, 2012, the Plaintiff filed a lawsuit against B for the claim for reimbursement of the amount of reimbursement amount under Article 2012,52, 2996, the Plaintiff rendered a judgment to the effect that “B shall pay the Plaintiff KRW 102,143,525 and any delay damages therefrom,” which was finalized on August 29, 2014.

In the first instance trial, each of the judgment of the lower court was sentenced to a full failure of trial and the judgment of the lower court (Seoul High Court 2012Na62136), and each of the judgment of the lower court was sentenced to a full failure of trial in the appellate trial (Seoul High Court 2013Da54055) and the judgment of the lower court (Seoul High Court 2014Na3148) in the final appeal (Seoul High Court 2014Da36566).

C. Meanwhile, with respect to the real estate listed on the separate sheet owned by the Defendant (hereinafter “instant apartment”) on October 25, 2012, when the said claim for indemnity was pending, B and the Defendant, a sales price of KRW 500 million, but the contract deposit of KRW 80 million is replaced by the borrowed money equivalent to the same amount as the seller’s buyer on July 15, 201, and the remainder of KRW 420 million is KRW 320 million for the seller’s obligation to return the lease deposit to the lessee, and the National Bank on the apartment of this case.