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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. The Plaintiff: (a) made Nonparty C Co., Ltd. (hereinafter “Nonindicted Company”) as the surety; and (b) concluded each credit guarantee agreement with Nonparty B as the joint surety as indicated below.
D Small and Medium Business Finance Loans of KRW 1100,00,000 for the term of guarantee of guaranteed loan section 100,000 for the guaranteed loan section 100,000 for the guaranteed loan section ; on April 18, 2014, E “280,000 for the Small and Medium Business Finance Bank of April 19, 2014”
B. After that, according to the occurrence of a credit guarantee accident on April 7, 2014 due to a natural body, the Plaintiff obtained a claim for indemnity against the non-party company and the debtor by subrogationing the loan bank for the total amount of KRW 182,268,821 on May 22, 2014. The Plaintiff filed a lawsuit against the non-party company and the debtor for indemnity amount as Seoul Central District Court Decision 2014Da519843, Nov. 27, 2014, and the said judgment became final and conclusive as of December 20, 2014.
C. Meanwhile, on the other hand, on December 8, 2013, B concluded a mortgage contract with the Defendant, one’s mother, regarding the real estate indicated in the separate sheet (hereinafter “instant real estate”) with the maximum debt amount of KRW 80 million, the mortgagee, the Defendant, and the debtor as to the real estate indicated in the separate sheet (hereinafter “instant real estate”). On January 8, 2014, B concluded a mortgage contract with the Suwon District Court for the establishment of a mortgage (1479) as to the instant real estate on January 8, 2014.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 5, fact-finding results on the head of Silsan-dong in the first instance court, response to an order to submit tax information to Silung-si in the first instance court, response to an order to submit tax information to Silung-si in the second instance court, response to the order to submit financial transaction information to the head of Silung-dong Office of Silung-si in the first instance court, purport
2. If a copy of the judgment on the legality of the appeal for subsequent completion, and the original copy of the judgment, etc., were served by means of service by public notice.