1. The part of the claim for cancellation of the registration of establishment near the instant lawsuit shall be dismissed.

2. The plaintiff's remaining claims.

1. Basic facts

A. On September 3, 2015, the Plaintiff entered into a loan agreement with B Co., Ltd. (hereinafter “B”) by setting the loan amount of KRW 200 million, emergency fund for loan purpose, interest rate of 4.52% per annum, interest rate of 12% per annum, interest rate of 4.52% per annum, interest rate of 12% per annum, and interest rate of 1 year after the repayment of principal and interest pursuant to the schedule of repayment of principal and interest (hereinafter “instant loan”), and C, the representative of B, has jointly and severally guaranteed all obligations arising from the instant loan within the limit of KRW 240 million.

B. B: (a) divided a company into Company A (hereinafter “A”) on August 29, 2016; and (b) on September 12, 2016, upon completing the registration of ownership transfer for the real estate listed in the separate sheet (hereinafter “instant real estate”) on August 29, 2016.

C. On October 14, 2016, A entered into a collateral security agreement with the Defendant regarding the instant real estate (hereinafter “instant collateral security agreement”) with the obligor, the maximum debt amount of KRW 120 million, regarding the instant real estate, and on October 24, 2016, A completed the registration of creation of a neighboring mortgage, such as the written claim, (hereinafter “instant collateral security registration”).

On the other hand, the instant real estate was sold to Suwon District Court D with the application for voluntary auction by the Industrial Bank of Korea, which is a senior collateral security, and was in progress on March 29, 2018. The instant collateral security registration was cancelled due to the sale due to the said voluntary auction on April 10, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, 8, Eul evidence No. 1, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion A is written in the 9 copy of Article 530-9 of the Commercial Act, but it seems that it is written in writing.

A is jointly and severally liable for the debt of B by virtue of the foregoing, and the instant collateral security agreement entered into between A and the Defendant on October 14, 2016 shall be deemed as the collateral security agreement of this case.