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1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff extended a loan to B Co., Ltd. (hereinafter “B”) as listed below [Attachment 1] (hereinafter “the instant loan”). In case of an individual loan, it is indicated by the sequence as “the first loan”). The Defendant entered into a credit guarantee agreement with B with respect to the first loan obligation at the rate of 90% and the second loan obligation at the rate of 85% and the second loan obligation at the rate of 85%, and partially guaranteed the Plaintiff’s loan obligations to the Plaintiff.
[Attachment 1] On March 20, 2015, the loan amount of 300,000,000 ordinary loan on March 14, 2014, Defendant’s guarantee of 300,000,000 ordinary loan loans on February 14, 2014, Defendant’s guarantee of 320,000,000 ordinary loan on March 26, 2014, February 17, 2015, general loan of 10,00,000,000,000 general loan loans on March 31, 2015, general loan loans of 940,000,000,006 general loan loans on April 6, 2015, general loan loans of 180,000,0000,000 general loan loans on March 10, 200,007;
B. In order to secure the loan obligation of this case, the Plaintiff entered into four establishing a mortgage agreement with B (including an additional mortgage agreement; hereinafter the same shall apply to the instant mortgage; hereinafter the same shall apply) in accordance with the table 2, and each real estate listed in the separate sheet (hereinafter referred to as the “instant real estate”) from B, which is listed in the separate sheet (hereinafter referred to as “the instant real estate”) as indicated below, and obtained registration of establishment of a mortgage of KRW 1,48,00,000 in total with respect to each real estate owned by B (hereinafter referred to as “the instant real estate”).
[Attachment 2] The document Nos. 648,00,000 of real estate No. 1 on February 28, 2014 on August 23, 2013, which was set aside as a joint collateral, and No. 2 and 3 on September 17, 2013, which was added as a joint collateral on real estate No. 1 on September 17, 2013, and No. 576,000,000 of real estate No. 1 on March 26, 2014 on March 14, 2014, which was set aside as a joint collateral.
C. Meanwhile, on February 2, 2016, B is the Seoul Rehabilitation Court.