1. The contract to establish a right to collateral security concluded on December 12, 2016 between the Defendant and A regarding each real estate listed in the separate list.

1. Facts of recognition;

A. On November 15, 2013, the Plaintiff entered into a credit guarantee agreement with A to guarantee A’s principal and interest of loan within KRW 100 million in obtaining a loan from a corporate bank.

B. A concluded a mortgage contract with the Defendant on December 12, 2016 with respect to each of the real estate listed in the separate sheet Nos. 1, 2, and 3 with respect to excess of debt, and completed the registration of establishment of a mortgage on the ground of such contract. On December 21, 2016, the Suwon District Court of Korea concluded a mortgage contract with the Defendant on December 12, 2016 with respect to each of the real estate listed in the separate sheet No. 4, and completed the registration of establishment of a mortgage on December 13, 2016 with the Seoul Southern District Court of registration No. 207215, Dec. 13, 2016.

(hereinafter) The aforementioned contract to establish each of the instant mortgages is referred to as the “each of the instant mortgage contracts” and the registration of establishment of each of the instant mortgages is referred to as the “registration of establishment of each of the instant mortgages.”

A caused a credit guarantee accident due to natural substances on January 12, 2017, and the Plaintiff paid 100,827,610 won to a corporate bank on March 2, 2017 according to the credit guarantee contract.

The Plaintiff’s claim for indemnity against A is KRW 101,015,921 in total (i.e., the remainder amount of KRW 100,273,090 in substitute payment of KRW 742,680 in total).

[Ground for recognition] Unsatisfy, Gap evidence 1, 2, and 3 (if there are virtual numbers, including each number; hereinafter the same shall apply)

2. Determination

A. At the time of entering into each of the instant mortgage agreements, the Plaintiff’s claim for indemnity against A was not yet created, but there was a legal relationship that serves as the basis for establishing the aforementioned claim for indemnity, and there was a high probability that the said claim for indemnity was likely to occur in the near future. In fact, on March 2, 2017, the said claim for indemnity was actually created, and thus, the said claim for indemnity is subject to the obligee’s right of revocation.

In addition, A exceeds the obligation at the time of entering into each of the instant mortgage contracts.