배당이의
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. Facts of recognition;
A. On December 30, 201, the Industrial Bank of Korea lent KRW 1,265,00,000,000 in total as loans for small and medium enterprises to the Youngsung Environmental Industry Co., Ltd. (hereinafter “Yongsung Environmental Industry”), and completed the registration of establishment of collateral security (hereinafter “mortgage 1”) with respect to each real estate listed in the separate sheet No. 1 attached to the Youngsung Environmental Industry and the machinery listed in the separate sheet No. 2 attached to the separate sheet No. 2, 1,200,000 as of December 30, 2011 as to the real estate listed in the separate sheet No. 1, and the machinery listed in the separate sheet No. 2, 1,200,000 in total.
B. On the same day, the Industrial Bank of Korea loaned KRW 200,000,000 for the loans for facilities of small and medium enterprises (hereinafter “the instant loan”), and completed the registration of establishment of a collateral security (hereinafter “the instant collateral security”) with respect to each real estate listed in the separate sheet No. 1 attached to the attached Table No. 2 and the machinery listed in the separate sheet No. 11 of the attached Table No. 2, which are owned by the Seongdong Environment Industry (hereinafter “instant sex D”) as of December 30, 201, the Suwon District Court’s receipt of the maximum debt amount of KRW 240,000,000 with the maximum debt amount of KRW 54274.
The Industrial Bank of Korea has agreed to the interest rate of late payment damages on both the Youngsung Environment Industry and each of the above loans at 11% per annum.
C. On December 28, 201, in order to obtain the instant loan from the Industrial Bank of Korea, the Youngsung Environmental Industry entered into a credit guarantee agreement with the Plaintiff regarding KRW 100,000,000 out of the instant loan, with the guaranteed amount of KRW 90,00,000, and the guaranteed number of KRW 90% in the guaranteed rate of KRW 90,00,000.
After that, the Youngsung Environmental Industry has caused a guarantee accident that could not repay loans to the Industrial Bank of Korea. On March 17, 2014, the Plaintiff subrogated to the Industrial Bank of Korea for the amount of KRW 90,000,000 per annum 4.92% per annum from November 21, 2013 to March 16, 2014 under a credit guarantee agreement.
E. The Plaintiff and the Industrial Bank of Korea concluded a contract for partial transfer of mortgage on March 17, 2014.