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1. The contract to establish a right to collateral security concluded on October 11, 2016 between the Defendant and B regarding the real estate stated in the attached list.
Reasons
1. Facts of recognition;
A. The Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with C Co., Ltd. (hereinafter “Nonindicted Company”) with a content that guarantees the payment of principal and interest payable by the said Company to Han Bank, Han Bank, and Han Bank (hereinafter “I Bank, etc.”) as indicated in the following “the date of conclusion of the contract and the amount guaranteed” as indicated in the “amount of security deposit” (hereinafter “instant credit guarantee agreement”).
B. At the time, the representative director B of the non-party company jointly and severally guaranteed the liability for indemnity that the above company owes to the Plaintiff according to the credit guarantee agreement of this case, and the non-party company was loaned from one bank, etc. the amount indicated below in the “loan amount” column.
(1) On October 12, 2016, 19,750,000 Won 235,363,136, Nov. 4, 2016, 2016; 285,000,000 won ; 300,000 won ; and 300,00,000 won ; 30,000,000 won ; 30,000,000 won ; 30,000,000 won ; 3,00,00,000 won ; 19,547,403 won ; 30,00,00 won ; 19,00 won ;
C. The non-party company caused a credit guarantee accident on the date indicated below by delinquency in the principal of the loan, application for commencement of corporate rehabilitation procedure, etc., and the plaintiff paid by subrogation the amount stated in the column of "payment by subrogation" on the date stated in the "date of vicarious payment" column of the same Table to Han Bank, etc.
On the other hand, on October 11, 2016, B, which was in excess of the obligation, concluded a mortgage agreement with the Defendant regarding the real estate indicated in the separate sheet, which is its sole property (hereinafter “instant real estate”), with the maximum debt amount of KRW 276 million (hereinafter “instant mortgage agreement”), and completed the registration of establishment of a mortgage to the Defendant on the same day.
[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 5, respectively.