A. Defendant A Co., Ltd (hereinafter “Defendant Company”) concluded a credit guarantee agreement with the Plaintiff, and accordingly, took out a loan of KRW 70,000,000 from D Bank as a company-run loan, and obtained a loan of KRW 30,000,000 from D Bank on April 30, 201, and Defendant B jointly and severally guaranteed the obligation under the credit guarantee agreement with the Plaintiff.

B. On March 6, 2018, the Plaintiff managed the Defendant Company as an insolvent processing company, and on October 25, 2018, the Plaintiff subrogated to the D Bank for KRW 47,427,143 out of the Defendant Company’s loans and KRW 16,594,340 in total, around April 2012, pursuant to the credit guarantee agreement as above, around July 201, pursuant to the said credit guarantee agreement.

The interest rate for delay under the above credit guarantee agreement is 10% per annum, 651,050 won for attempted penalty, and 343,445 won for legal procedure expenses paid by the plaintiff for the exercise or preservation of the rights.

C. On January 2, 2018, Defendant B entered into a mortgage agreement that constitutes a maximum debt amount of 150,000,000 with respect to the real estate indicated in the separate sheet, which is the only property of Defendant C and Defendant B (hereinafter referred to as “instant real estate”) as indicated in the separate sheet, which is the only property of Defendant B and Defendant B, and entered into a mortgage creation agreement

(hereinafter referred to as the “mortgage of this case”) D.

On March 12, 2018, the instant real estate had completed the registration of ownership transfer (the sale price of KRW 210,000,000) due to the sale to E.

E, the purchaser of the instant real estate, paid KRW 62,50,645 to Defendant C, the mortgagee of the instant real estate, and KRW 147,49,355 to the Bank, the mortgagee of the instant real estate.

The registration of the establishment of a mortgage in the name of Defendant C and D Bank was cancelled on the ground of termination.

E. At the time of the establishment of the instant right to collateral security, the market value of the instant real estate was KRW 246,500,000, and a senior mortgage was established by a bank, which was 172,700,000 of the maximum debt amount, on the instant real estate.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 8, purport of whole pleadings

2. The Board;