1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. Disposition of the first instance judgment No. 1-B.

1. Basic facts

A. The Plaintiff’s joint Defendant B (hereinafter “B”) at the first instance trial from April 2015 to July 22, 2016.

(2) The Plaintiff claimed 42,595,000 won (i.e., loans 138,995,000 won - 96,400,000 won) against the co-defendant B in the first instance of the instant lawsuit, and damages for delay (i.e., loans 138,995,00 won - 96,40,000 won) against the co-defendant B in the instant lawsuit.

On April 25, 2017, the court of first instance sentenced B to the Plaintiff on April 25, 2017, “B shall pay to the Plaintiff 42,595,000 won, 5% per annum from October 20, 2016 to April 25, 2017, and 15% per annum from the next day to the date of full payment.” The above judgment on B was finalized on May 16, 2017.

B. On August 11, 2016, B concluded a mortgage contract between B and the Defendant with respect to each real estate listed in the separate list Nos. 1 through 11 (hereinafter collectively referred to as “each of the instant real estate”) with respect to which the Defendant created a mortgage right of KRW 120,00,000 with respect to each of the instant real estate as stated in the separate list Nos. 1 through 11 (hereinafter referred to as “each of the instant real estate”), and on the ground thereof, the Chuncheon District Court rendered a joint mortgage contract with respect to each of the instant real estate as the joint security by the obligor, the mortgagee, the Defendant, the maximum debt amount of KRW 120,000,000, respectively, as of August 12, 2016.

(hereinafter the above right to collateral security (hereinafter referred to as “each of the instant right to collateral security”).

After the process of voluntary auction and the establishment of partial right to collateral security in this case, the voluntary auction procedure was conducted with the Gangnam Branch of the Chuncheon District Court with regard to each real estate listed in the No. 10, 11 of the attached list.

The real estate listed in the table 10 and 11 in the above voluntary auction procedure was sold to G on June 5, 2017. Accordingly, the right to collateral security established in the name of the defendant on each of the above real estate was held in the court below.