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. C is the owner of the land and building located in Cheongju-si in substantial Gu D (hereinafter “instant building”), and the Plaintiff is a corporation established for the purpose of artificial park construction business, etc., and the Defendant is a corporation established for the purpose of automobile maintenance business, etc., and the Defendant is a corporation established for the purpose of automobile maintenance business, etc., and the E, a partner of C, is the auditor, and the representative director, respectively.

B. Around November 20, 2010, the Plaintiff received contracts from C for the construction cost of KRW 1.21 billion for the interior works related to 1.2 billion for the second and third stories of the instant building; and ② around April 8, 2011, for the interior works related to 4 and 5 stories of the instant building, KRW 6.38 billion for the construction cost, respectively.

(hereinafter referred to as “each of the instant construction works” by combining the foregoing construction works;

C For each construction of the instant case, each of the loans was granted by the National Federation of Fisheries Cooperatives (hereinafter referred to as the “NFC”) in KRW 910 million from the FFF on October 2010, and KRW 1.90 million from the FFFC on February 18, 201.

(hereinafter referred to as a "existing Financial Institution loan obligation" with respect to a loan obligation to NFC. Meanwhile, upon obtaining a loan from NFFC, C entered into a mortgage contract with NFF on the same date with respect to the real estate in this case as a security, and accordingly completed the registration of creation of a mortgage, which is a debtor, CFF, and a mortgagee, in the name of NFFF.

C was loaned KRW 200 million from a new bank (hereinafter “new bank”) on May 19, 201.

However, at the time of the above loan, C entered into a mortgage agreement with the new bank and the existing financial institution to repay the debt and to additionally lend the loan, and accordingly, C concluded a mortgage agreement with the new bank, which is the maximum debt amount of 3.64 billion won, the debtor C, and the new bank.

E. Each construction of this case has not been completed.