beta
Text
1. The contract to establish a mortgage between the Defendant and B on November 1, 2013, which was concluded with regard to real estate stated in the separate sheet.
Reasons
1. Basic facts
A. 1) B engaged in the wholesale business of pharmaceutical products under the trade name “E” in the Seogu-gu Seoul Metropolitan Government D. (2) On October 11, 201, the Plaintiff entered into a credit guarantee agreement with B (hereinafter “instant credit guarantee agreement”) and borrowed KRW 60,000,000 from the National Bank (hereinafter “National Bank”) based on the instant credit guarantee agreement.
3) However, on October 11, 2013, B did not pay the principal of the above loan, and on November 25, 2013, the National Bank notified the Plaintiff of the occurrence of a credit guarantee accident. 4) The Plaintiff subrogated to the National Bank for KRW 52,134,938 of the principal and interest of the credit guarantee to the National Bank on January 17, 2014.
5) On March 6, 2014, the Plaintiff filed an application with B for payment order (Seoul District Court Branch Branch No. 2014Ka669) seeking payment of KRW 52,802,858 [2,134,938,280,000,000,000,000,000 won for the reimbursement principal of the reimbursement = KRW 52,134,938,00,000,000,000 won for the legal procedure expenses (payment on behalf of the principal of subrogation)
4. 5. Finality was established.
B. On November 1, 2013, the Defendant concluded a mortgage contract with the maximum debt amount of KRW 80 million with respect to the real estate listed in the separate sheet owned by B (hereinafter “instant real estate”), B, and concluded a mortgage contract with the debtor, B, and the mortgagee as the Defendant (hereinafter “mortgage contract”), and completed the registration of the vice branch of the Daegu District Court and the registration of the establishment of the neighboring mortgage as of November 6, 2013.
C. On February 19, 2014, upon the application of the NongHyup Bank Co., Ltd., which is a collateral security company, the instant real estate, the procedure of voluntary auction was commenced on February 19, 2014. The Plaintiff, as a creditor based on the above payment order, demanded a distribution as a creditor based on the above payment order, made a demand for distribution, and 59,183,617 won (i.e., principal and interest of indemnity claim amounting to KRW 52,134,938, KRW 6,239,052 by subrogation amounting to KRW 522,07,50,50.