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1. As to KRW 261,585,139 and KRW 259,136,896 among the Plaintiff, Defendant A shall be from March 18, 2015 to July 31, 2015.
Reasons
1. Basic facts
A. On March 19, 2013, the Plaintiff concluded a credit guarantee agreement with the effect that the Plaintiff would provide credit guarantee (hereinafter “the instant credit guarantee agreement”) for the loans to the Bank from the Industrial Bank of Korea as the guaranteed amount of KRW 250,000,000, and the term of guarantee from March 19, 2013 to March 18, 2015.
B. D was granted a loan of KRW 300 million from the Industrial Bank of Korea as security the letter of credit guarantee issued by the Plaintiff under the instant credit guarantee agreement.
C. On January 19, 2015, C, which was operated by D, suspended or discontinued business, and the principal and interest of the loan was not paid, the Industrial Bank of Korea claimed against the Plaintiff for the performance of the guaranteed obligation under the instant credit guarantee agreement. On March 18, 2015, the Plaintiff subrogated to the Industrial Bank of Korea for KRW 259,136,896, and paid KRW 2,448,243 at the legal expense of D.
On August 6, 2014, Defendant A and Defendant A entered into the instant mortgage agreement with regard to each of the instant real estate owned by Defendant B and Defendant A, which provides that the establishment registration of each of the instant real estate shall be completed at the maximum debt amount of KRW 102,20,000, and the debtor D and the mortgagee B, and accordingly, the establishment registration of each of the instant real estate was completed on August 11, 2014.
E. At the time of entering into the instant mortgage contract, the establishment of a mortgage on each of the instant real property was established on the basis of the maximum debt amount of KRW 156,00,00, 1500 for a joint collateral, e.g., a Saemaul Depository of the mortgagee-mortgage, and a priority number of KRW 5,00 for a debtor D. However, on August 6, 2014, the amount of the secured debt as of August 6, 2014 was KRW 119,014,570 for each of the instant secured claims, and the amount of the secured debt as of July 31, 2016, as of July 31, 2016,
Grounds for recognition: Facts without dispute, A1 to 5 evidence,