1. The maximum amount of KRW 34,378,248, which was concluded on June 19, 2018 between the Defendant and B regarding the attached list real estate shall be limited to KRW 34,378,248.

1. Facts of recognition;

A. A. The Plaintiff, on October 1, 2015, is a credit guarantee agreement and subrogation contract, and the Plaintiff is a stock company C (hereinafter “foreign company”).

(2) On September 27, 2019, the Plaintiff and Nonparty Company entered into a credit guarantee agreement (a guarantee amount of KRW 99 million, the final guarantee period of KRW 27,00,000). The Nonparty Company was granted a loan of KRW 99 million from D Bank as collateral. 2) On the same day, BE, a joint representative director of Nonparty Company, entered into a joint and several guarantee agreement as to each of the obligations under the said credit guarantee agreement between the Plaintiff and Nonparty Company.

3) On November 21, 2018, as the non-party company closed its business, there was an obligation to make a prior reimbursement under the above agreement (Article 6(1)2). The Plaintiff subrogated to D Bank for the principal and interest of 101,364,987 won on June 4, 2019, and the amount of damages under a credit guarantee agreement up to the date of subrogation is 8% per annum. B (1), as of June 19, 2018, entered into a contract of donation on the attached list, which is the only property owned by the Defendant, and completed the registration of ownership transfer with the Defendant under Article 4087 of the Daegu District Court’s receipt of the order on the same day.

2) On April 21, 2006, the registration of cancellation was completed as of June 19, 2018 with respect to F-based collateral security (F-based collateral security) established on April 21, 2006. At the time of cancellation, the amount of the secured debt of F-based collateral security was KRW 11,621,752. (3) The market price as of August 24, 2019 is KRW 46 million.

[Ground] Facts without dispute, Gap 1-7 evidence, Eul 3-5 evidence (including paper numbers; hereinafter the same shall apply), G as a result of the market appraisal commission of G, each fact inquiry inquiry reply of F of the National Court Administration Office for Posting and Computer Information Management Bureau, and the purport of the whole pleadings

2. Determination

A. On November 21, 2018, which was five months after the date when the Defendant’s donation contract was concluded, the Plaintiff’s claim for a prior indemnity against the non-party company was concluded on October 1, 2015, and the credit guarantee agreement, which served as the basis thereof, was concluded on October 1, 2015.