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

A. On October 6, 2014, the Plaintiff entered into a credit guarantee agreement with A (the amount of KRW 90 million, and the term of guarantee, October 4, 2019) in obtaining a corporate general loan from a single bank (hereinafter “A”), and the co-defendant B (hereinafter “B”) of the first instance trial as the representative of A, jointly and severally guaranteed the A’s obligation under the said guarantee agreement.

B. On November 8, 2016, at the time of the occurrence of an accident of guarantee for delinquency in the repayment of the above loan to a single bank. On December 7, 2016, the Han Bank notified the Plaintiff of a credit guarantee accident. On February 15, 2017, the Plaintiff repaid the loan obligation to the Han Bank in subrogation of A in accordance with the credit guarantee agreement.

C. On March 30, 2016, the Defendant: D Co., Ltd. (According to the Defendant’s assertion by the representative E, B is the actual operator of D Co., Ltd., and E is the wife of B; hereinafter the same shall apply) prepared a notarial deed of monetary loan agreement with a notary public with the debtor as the debtor, No. 352 of the deed No. 352 of the South-North Law Firm No. 2016, Sept. 30, 2016 (e.g., the repayment period). Since the repayment period was not made by the above payment period, B added B as joint and several sureties, on October 11, 2016, the notary public drafted a notarial deed of monetary loan agreement with the amount of KRW 50 million as 1102 of the deed No. 2016, Oct. 17, 2016 as the joint and several sureties.

Even thereafter, the above 50 million won was not repaid, and on November 4, 2016, the Defendant and B appeared to have been in writing in F Co., Ltd. F Co., Ltd. with respect to the attached real estate owned by B (hereinafter “instant real estate”), the maximum amount of debt is 50 million won and the debtor is deemed to have been in writing in F Co., Ltd.

The establishment registration of mortgage was completed on November 8, 2016 to the Defendant regarding the above real estate.

E. B was in excess of the obligation at the time of establishing the instant mortgage.

【Recognition of Facts】 There is no dispute.