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1. The Plaintiff’s guarantee obligation against the Defendant based on the self-agreement on July 3, 2014 shall not exceed KRW 181,926,637.
Reasons
1. Basic facts
A. On July 3, 2014, the Intervenor joining the Defendant (hereinafter “ Intervenor”) made an agreement with D Co., Ltd. (hereinafter “D”) as follows (hereinafter “instant agreement”). The Plaintiff guaranteed the Intervenor’s obligation to the Intervenor as follows.
1) The intervenor shall provide D with funds necessary for freezing and freezing import, and D shall import freezing and dry freezing and build the products provided by the intervenor. 2) The entire product provided by the intervenor is the intervenor's product, and D shall belong to the intervenor at the time of production.
3) D shall send and deliver a contract for the transfer of goods at the time of the completion of the import clearance, and shall not sell the goods as gagical. 4) At the time of the process, D shall be liable for civil and criminal liability, and the Plaintiff shall be liable for the guarantee of this contract, and the Plaintiff shall be liable for the guarantee.
B. The Intervenor paid KRW 287,114,637 to D from July 16, 2014 to October 30, 2014.
(C) The amount paid from July 16, 2014 to August 19, 2014, which is the date of the establishment of the right to collateral security, is KRW 180,224,637.
On August 19, 2014, the Plaintiff entered into a mortgage agreement with the Intervenor on each real estate (joint collateral) listed in the separate sheet owned by the Plaintiff, and completed the registration of the establishment of a neighboring mortgage (the maximum amount of claims KRW 200 million, the obligor, the Plaintiff, and the Intervenor) on August 20, 2014.
(hereinafter the above right to collateral security (hereinafter “instant right to collateral security”) D.
The instant right to collateral security was transferred to the Defendant as follows.
1) On July 29, 2015, the Intervenor transferred the Intervenor’s guarantee claim against the Plaintiff based on the instant agreement to the Defendant. The assignment of claims (Evidence A No. 4), “The Plaintiff’s guarantee obligation is the Plaintiff’s guarantee obligation as to the import freezing and freezing of the Plaintiff paid to D, and the Plaintiff’s guarantee obligation was granted as to the import and freezing of the Plaintiff paid to D, and the mortgage was established, but D did not perform the agreement to the Intervenor.”