The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

1. The grounds for this part of the court’s reasoning are as follows: “Defendant C” in the corresponding part of the judgment of the first instance, “Defendant B” shall be deemed to be “C; “Defendant D” shall be deemed to be “D; “Defendant D” shall be deemed to be “D; and “the instant insurance contract” shall be added to “the instant insurance contract” (hereinafter “hereinafter “the instant insurance contract”) after the term “the right insurance contract for the loan of the previous monthly loan”; and the part in which the grounds for recognition are indicated (five to nineteen to nineteen) (five to nineteen) shall be deemed to have no dispute between the Plaintiff and the Defendant C; “The fact that there is no dispute between the Plaintiff and the Defendant D; the entries in subparagraphs 1 through 11, and the purport of the entire pleadings” shall be deleted, except for deletion of the corresponding part of the judgment of the first instance as stated in the main sentence of Article 420 of the Civil Procedure Act.

2. Since the Defendant, which caused the Plaintiff’s claim, conspired with C in collusion with C, deceiving the H Bank, and acquired the loan from the H Bank, the H Bank has the loan claim and the damage claim against the Defendant, and the Plaintiff has paid the H Bank the insurance money of KRW 264,856,00,000, and thus, acquired the said claim in accordance with the insurer’s subrogation doctrine, thereby seeking reimbursement of the loan obligation and the damage liability against the Defendant.

Even if the claim for reimbursement is not accepted, H Bank claims the amount equivalent to the amount of the claim for reimbursement as it transferred the claim for the loan against the defendant to the plaintiff.

Therefore, the Defendant, jointly with C, has the obligation to pay the Plaintiff the above KRW 264,856,007 as well as the damages for delay calculated by 5% per annum from the day following the payment date of insurance proceeds to the last delivery date of the copy of the complaint of this case, and 12% per annum from the next day to the day of full payment.

3. Determination

A. According to the facts as to whether subrogation is established or not, according to the above facts, the defendant filed a transfer report without securing opposing power and preferential right to payment under the Housing Lease Protection Act, and C is in the name of the I Co., Ltd and the J.