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1. As to each real estate listed in the Schedule of Attached 1:
A. A reservation to return substitutes entered into on March 9, 2018 between the Defendant and B.
Reasons
1. Facts of recognition;
A. The Plaintiff entered into a credit guarantee agreement and joint and several sureties B 1) on March 25, 2016, the Plaintiff is a stock company C (hereinafter “foreign company”).
The credit guarantee agreement between the credit guarantee principal and 1,211,200,000 won, and the credit guarantee agreement between March 24, 2021 (hereinafter “instant credit guarantee agreement”).
(2) Article 6(1) of the Debtor Rehabilitation and Bankruptcy Act provides that “When an application is filed for the commencement of rehabilitation proceedings, bankruptcy proceedings, or individual rehabilitation proceedings, or is entered into the liquidation thereof, the non-party company was granted a loan of KRW 1,514,00,00 from the Industrial Bank of Korea as security.” Article 6(1) of the Credit Guarantee Agreement provides that “B, the representative director of the non-party company of the non-party company, is jointly and severally guaranteed all obligations such as indemnity against the plaintiff of the non-party company pursuant to the Credit Guarantee Agreement.”
B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation company filed a rehabilitation procedure with the Seoul Rehabilitation Court 2018 Gohap10070 on April 24, 2018 on the ground of the deterioration of management, and received a decision to commence rehabilitation proceedings on April 24, 2018. The Plaintiff subrogated for the amount of KRW 974,476,22 in total to the Industrial Bank of Korea on May 18, 2018 (i.e., principal amount of KRW 968,960,000, KRW 5,516,222).
C. From around 2006, the Defendant supplied the non-party company with the non-party company with the non-party company's external book from November 201, 2017. On November 10, 2017, the Defendant filed an application for payment order against the non-party company for the payment of KRW 2,631,716,627 in total, which was not paid by the non-party company based on the non-party company's around 2,631,716,627 in Incheon District Court Decision 2017Da3165, the non-party company's Seoul District Court Decision 2017Da3165, Nov. 14, 2017.