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1. The defendant is against the plaintiff (competent jurisdiction: cash accounting officials other than the Daegu District Court).
Reasons
1. Basic facts
A. 1) The Plaintiff’s Intervenor (hereinafter “ Intervenor”) entered into a credit guarantee agreement
on August 20, 2013, E Co., Ltd. (hereinafter referred to as “E”).
(B) On August 20, 2014, the guarantee term was changed to KRW 510 million, and the guarantee term was changed to August 19, 2016.
85 per cent of the rate of guarantee, and the National Bank (hereinafter “National Bank”) Co., Ltd. (hereinafter “National Bank”);
(2) The credit guarantee agreement of this case (hereinafter referred to as the “credit guarantee agreement of this case”) shall be
(2) The terms of the Credit Guarantee Agreement are as follows: (a) A, the representative director of E, jointly and severally guaranteed the obligation of indemnity to the intervenors pursuant to the Credit Guarantee Agreement; and (b) In the event the Intervenor performs the guaranteed obligation, E pays the amount of subrogation, delay damages and penalty, expenses incurred in the performance of the guaranteed obligation to the Intervenor, and expenses incurred in the preservation, transfer, and exercise of the right
B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation 1) E provided the instant credit guarantee agreement, and received a loan of KRW 600 million from the National Bank on August 23, 2013. On November 24, 2015, the Intervenor caused a credit guarantee accident that loses the benefit of time under the instant credit guarantee agreement. (ii) On February 5, 2016, the Intervenor subrogated to the National Bank for KRW 517,431,539 on behalf of the National Bank on February 5, 2016, recovered KRW 3,096,610 on the same day and collected KRW 848 on the same day.
C. On October 20, 2015, A entered into a mortgage agreement with the Defendant and the debtor, E, the mortgagee, and the maximum debt amount at KRW 110 million with respect to the real estate indicated in the separate sheet (hereinafter “instant real estate”), which was owned by the Defendant on October 20, 2015, on which the registration of creation of a mortgage was completed by the Daegu District Court No. 251485 on the same day.
(hereinafter “instant collateral security”). D.
The real estate of this case shall be sold at the request of the defendant, such as by voluntary auction.