1. Defendant B Co., Ltd. and C jointly and severally with the Plaintiff KRW 131,683,813 as well as the aforementioned amount from December 22, 2016 to May 24, 2018.

On August 1, 2012, the Plaintiff entered into a contract with Defendant B for the construction of an urban-type rental house outside G and two lots of land (hereinafter “instant apartment house”) with respect to the construction of a new apartment house outside G and two lots of land (hereinafter “instant apartment house”) on August 1, 2012, and Defendant C, the representative director of Defendant B, was jointly and severally guaranteed the contract.

The Plaintiff, while performing the above construction work, carried out the additional construction work in which the cost of KRW 6.88 million was invested at Defendant B’s request.

The Plaintiff sought payment of the sum of KRW 23.88 million to Defendant B (= KRW 197.8 million).

Accordingly, Defendant B assessed one house (No. 401) of the instant tenement house as KRW 191,521,000, and paid the remainder later.

Since February 25, 2013, the Plaintiff acquired the ownership of the above heading room.

On the other hand, on February 7, 2013, after completion of the instant tenement house, Defendant B completed the registration of creation of mortgage (hereinafter “mortgage”) with the maximum debt amount of 4.16 million won as joint collateral on the instant apartment house to the Chungcheong Agricultural Cooperatives (hereinafter “CF”).

As seen earlier, Defendant B, while making payment in kind to the Plaintiff, agreed to cancel the above 401 portion of the instant right to collateral security, but failed to comply with it. If the Plaintiff separately received a secured loan and canceled the above 401 portion of the instant right to collateral security, Defendant B agreed to repay the principal and interest accrued thereafter.

On August 29, 2013, the Plaintiff created a right to collateral security with a maximum amount of KRW 11,80,000,000,000 for a mortgagee, Y, debtor H (Plaintiff’s wife), and the maximum debt amount of KRW 11,80,000,000, as to the foregoing 401, and revoked the portion set forth in the said 401 out of the instant right to collateral security.

Since then, Defendant B did not repay to the Plaintiff KRW 86 million, and on September 12, 2016.