around September 2009, Defendant C, the representative of Defendant C (hereinafter “Defendant C”) borrowed KRW 595 million from the New Bank of Korea Co., Ltd. around September 2009, the Plaintiff and the Plaintiff’s spouse D, jointly owned by them, completed the registration of the establishment of a new bank with the maximum debt amount of KRW 773.5 million to the New Bank of Korea, No. 45487, Sept. 11, 2009, as to the building on which the Plaintiff and the Plaintiff’s spouse D had jointly owned by them, and the Seoul Western District Court completed the registration of the establishment of a new bank as the debtor company.

On July 3, 2013, a new bank applied for voluntary auction (F) with respect to the instant real estate. During the above auction procedure, the new bank transferred its claim against the Defendant company to Es.S.1312 securitization specialized companies, and notified the Defendant C of the transfer, and reported the creditor’s change on January 13, 2014 in the above auction procedure.

On April 30, 2014, when the plaintiff and D make repayment to the limited liability company specializing in securitization on behalf of the defendant company in the above auction procedure, the defendant company jointly and severally guaranteed the indemnity obligation agreed to be repaid to the plaintiff and D.

On May 2, 2014, the Plaintiff and D remitted 698,012,304 won of the principal and interest of the Defendant Company’s debt to AFS1312, to a limited liability company specializing in securitization. On the same day, the said limited liability company withdrawn the instant application for auction, and prepared and received receipts to D. However, among the said money, KRW 630 million was remitted to the Plaintiff’s money, and the remaining KRW 68,012,304 was remitted to D’s money.

On the other hand, the Defendants agreed to pay the Plaintiff the amount of KRW 50 million out of the amount of indemnity due to the said subrogation, which is KRW 30 million on September 17, 2015, and the total amount of KRW 80 million on January 17, 2017, to the Plaintiff and the principal.

[Ground for recognition] Defendant Company: The fact that there is no dispute over Defendant C: each entry of evidence Nos. 1 through 13, and all of the arguments, are the cause of claim for determination of the purport of the whole pleadings.