A. On September 30, 2014, the Plaintiff entered into a credit guarantee agreement with C Co., Ltd. (hereinafter “Nonindicted Company”) and issued a credit guarantee agreement (the amount of guarantee KRW 240,000,000,000, and the amount of guarantee was finally changed, and the amount of guarantee was finally reduced to KRW 184,80,000.). On September 30, 2014, Nonparty Company borrowed KRW 300,000 from D (hereinafter “D”).

B. B, the representative director of the non-party company, pursuant to the above credit guarantee agreement, was jointly and severally guaranteed for all obligations, such as reimbursement owed by the non-party company to the plaintiff.

C. A credit guarantee accident occurred around October 28, 2019 due to the insolvency of the non-party company (such as delinquency in payment of principal, etc.). The Plaintiff subrogated for the payment of principal KRW 184,80,000, interest KRW 4,630,487 on January 29, 2020 upon D’s request for performance of the guaranteed obligation.

B) On April 3, 2019, the Defendant completed the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage of this case”) with the Changwon District Court Kim Sea Office, No. 25171, which was received on April 3, 2019, regarding the real estate listed in the attached list (hereinafter “instant real estate”).

E. B was in excess of the obligation at the time of entering into the instant mortgage contract, and there is no particular evidence to acknowledge changes in circumstances thereafter.

[Ground of recognition] The absence of dispute, Gap evidence Nos. 1 through 11 (including additional numbers), and the result of this court's response to the order of submission of taxation information to the Busan Metropolitan City office of Nam-gu, Busan Metropolitan City, the information on financial transactions to E banks of this court and the results of response to the order of submission of credit information to F agencies

2. Determination on the cause of the claim

A. According to the facts of the recognition of the existence of the preserved claim, the mortgage contract of this case is concluded at the time of conclusion of the contract ( April 3, 2019).