1. As to KRW 26,181,131 and KRW 25,902,931 among the Plaintiff, Defendant A shall be from February 27, 2017 to May 11, 2017.

Basic Facts

On August 21, 2014, the Plaintiff concluded a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with regard to the loan of Defendant A and Busan Bank Co., Ltd. (hereinafter “Resan Bank”), setting the guarantee amount as KRW 25,500,000 and the guarantee term as August 21, 2015 (which was extended to October 21, 2017) (hereinafter “the instant credit guarantee agreement”).

According to the credit guarantee agreement of this case, when the plaintiff fulfills the guaranteed obligation, the defendant A bears the indemnity obligation such as the performance amount of the guaranteed obligation and delay damages (12% per annum from September 5, 2013), legal procedure costs, etc.

In October 4, 2016, Defendant A failed to pay interest on loans to Busan Bank, which caused a credit guarantee accident around October 4, 2016.

On February 27, 2017, the Plaintiff subrogated the Busan Bank to KRW 25,50,000 as principal and interest KRW 402,931 as principal and interest KRW 25,902,931 as principal and interest KRW 278,200.

On the other hand, on June 14, 2016, Defendant A entered into a mortgage agreement of KRW 19,300,000 of the maximum debt amount (hereinafter “instant mortgage agreement”) with respect to each of the instant real estate shares owned by Defendant A (hereinafter “instant real estate shares”) among the respective real estate listed in the separate sheet with Defendant B, and completed the registration of establishment of a neighboring mortgage (hereinafter “registration of establishment of a neighboring real estate”) with regard to the instant real estate shares as the Busan District Court’s Northern District Court’s receipt on September 27, 2016, as the Act No. 64085, Sept. 27, 2016.

On December 16, 2016, upon the application of Hyundai Capital Co., Ltd., the decision to commence compulsory sale of the instant real estate shares was made to Busan District Court C, and the auction procedure (hereinafter “instant auction procedure”) was in progress.

In the instant auction procedure on December 6, 2017, D acquired the instant real estate shares by sale, and completed the registration of ownership transfer on December 11, 2017, and accordingly, the registration of establishment of the instant neighboring land was revoked, and the date of distribution on January 29, 2018, which was after the date of the closing of argument in the instant case.