A. On June 21, 2019, the Plaintiff entered into a credit guarantee agreement with Non-Party C Co., Ltd. (hereinafter “Non-Party Co., Ltd.”) on each guarantee amount of KRW 76,00,000,000, and KRW 21,600,000, and issued a credit guarantee agreement.

B has jointly and severally guaranteed the debt owed to the plaintiff by the non-party company according to the above credit guarantee agreement.

B. On March 3, 2020, Nonparty Company failed to pay electronic bills due to the shortage of funds, and pursuant to each of the above guarantee agreements, the Plaintiff subrogated to D Co., Ltd., a lending bank, KRW 95,419,328 on April 21, 2020.

(c)

B, on March 4, 2020, concluded a mortgage agreement on real estate (hereinafter “instant real estate”) recorded in the separate sheet (hereinafter “instant contract”) as its sole property with the Defendant, who was sentenced to punishment in excess of the debt, as of March 4, 202, and the Seoul Western District Court’s registration No. 38574, which received on March 4, 2020, set up a right to set up the nearest right of KRW 150 million (hereinafter “instant collateral right”).

【Unfounded Grounds for Recognition】 The non-contentious facts; Gap evidence Nos. 1-4, 6, and 7; the court administrative officer of this court; and the result of inquiries into facts about the head of this court; the purport of the whole pleadings

2. Determination

A. At the time of the contract of this case to determine the cause of the claim, the joint and several guarantee contract was concluded between the Plaintiff and B, the non-party company's default on the bills occurred, and the Plaintiff made a subrogation payment under the credit guarantee agreement within the nearest period, and thus, the Plaintiff's claim for indemnity against B is the creditor's preserved claim.

B The act of offering the instant real property as security to the Defendant, the sole property of which is a type B, constitutes an act of deception that causes a decrease in the creditor’s joint security.

B was aware of the fact that the instant contract would result in the lack of common security for general creditors.

The defendant's intention is presumed to be the beneficiary.

Therefore, the instant contract is concluded unless there are special circumstances.