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1.(a)
Defendant A and Nonparty C concluded on September 17, 2013 with respect to each real estate listed in the separate list of real estate.
Reasons
1. Facts of recognition;
A. On July 19, 2012, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with Non-Party D, which provides that the guaranteed amount shall be KRW 80,750,000, and the guaranteed period shall be KRW 79,050,000 (the guaranteed amount shall be KRW 79,050,000, and the guarantee period shall be changed to July 18, 2014).
B. C, the representative director of the foregoing limited liability company D, guaranteed the obligation that limited liability company D bears to the Plaintiff according to the credit guarantee agreement in this case.
C. A limited liability company D borrowed money from our bank as collateral for the credit guarantee certificates issued by the Plaintiff pursuant to the instant credit guarantee agreement.
On October 22, 2013, a credit guarantee accident occurred due to the failure to pay interest due to the deterioration of management of D by a limited liability company. On February 28, 2014, the Plaintiff subrogated for KRW 81,35,832 to the Bank in accordance with the credit guarantee agreement in this case, and then filed a lawsuit against C with the Gwangju District Court 2014Gadan507322, and the said court rendered a judgment on June 18, 2014 that “C shall pay to the Plaintiff 12% per annum from February 28, 2014 to May 1, 2014, and 200 to KRW 81,09,060 per annum from the next day to the day of complete payment,” which became final and conclusive on July 28, 2014.
E. Meanwhile, on September 17, 2013, Nonparty C entered into a mortgage agreement with Defendant A on each of the real estate listed in the separate sheet, and on the same day, registered the establishment of a mortgage (hereinafter “instant first mortgage”) with the Gwangju District Court, as the Circuit registry office No. 15389, Sept. 17, 2013 regarding each of the said real estate, with respect to which the maximum debt amount is KRW 50 million. On October 1, 2013, Nonparty C entered into a mortgage agreement with Defendant B on each of the real estate listed in the separate list of real estate listed in the separate sheet as to the said real estate. On the same day, Nonparty C entered into a mortgage agreement with Defendant B on October 1, 2013, as the Circuit registry office of the Gwangju District Court received on October 1, 2013.