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. The defendant is the representative director of C Co., Ltd. (hereinafter referred to as “C”) whose main business is piping and cooling and heating construction business.

B. On June 25, 2013, the term of guarantee between the Plaintiff and the Industrial Bank of Korea on June 24, 2014, concluded a credit guarantee contract with the effect that the Plaintiff guarantees the payment of subrogated loans to the Industrial Bank of Korea as the guaranteed amount of KRW 810 million. Under the credit guarantee contract with the Plaintiff around that time, C borrowed KRW 900 million from the Industrial Bank of Korea. The Plaintiff and the Industrial Bank of Korea respectively jointly and severally guaranteed the obligation for reimbursement and the obligation for repayment of loans to be borne by C for the Plaintiff and the Industrial Bank.

C. C extended the term of loan of the Industrial Bank of Korea and agreed to change the lending institution from the Industrial Bank of Korea to Busan Bank. On June 24, 2016, the Plaintiff and the Plaintiff entered into a credit guarantee contract with the same content as the guaranteed amount of KRW 765 million, and the guarantee period of the guaranteed amount on June 23, 2017. At that time, C extended the term of loan from Busan Bank based on the credit guarantee contract with the Plaintiff and repaid the loans to the Industrial Bank of Korea, and B guaranteed the obligation to pay the indemnity amount that would be borne by C to the Plaintiff.

On the other hand, B, on January 27, 2016, completed the registration of ownership transfer with the receipt of the same registry office as the receipt of the same registry office on July 23, 2015, on the ground of donation on June 29, 2015, with respect to the real estate listed in paragraph (1) of the attached Table No. 1579, the Changwon District Court Joint Registry of the Changwon District on the ground of donation on June 29, 2015.

(hereinafter referred to as "registration of this case" and each gift, which is the cause of the registration, shall be deemed to be "the gift of this case". (e)

C is a shortage in account balance on August 31, 2016.