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1. The contract to establish a right to collateral security concluded on March 27, 2015 between the Defendant and B regarding the real estate stated in the attached list.
Reasons
1. Facts of recognition;
A. On August 20, 2013, the Plaintiff: (a) provided a credit guarantee of KRW 200,000 to the Nonghyup Bank Co., Ltd. (hereinafter “C”) (hereinafter “C”); and (b) provided a credit guarantee from August 30, 2013 to August 30, 2016; and (c) the representative director B of the C Company jointly and severally guaranteed the C Company’s indemnity liability when the payment under the said credit guarantee agreement was made by subrogation with respect to the said loan obligation.
B. Under the above credit guarantee agreement, the Nonghyup Bank loaned KRW 200,000,000 to C Company. Since C Company did not repay part of its loan obligation, the Nonghyup Bank sought to discharge its guaranteed obligation to the Plaintiff. Accordingly, the Plaintiff subrogated KRW 162,612,331 on May 28, 2015.
C. On March 30, 2012, the registration of creation of a mortgage in the name of the Korea Housing Finance Corporation (hereinafter “Korea Housing Finance Corporation”) was completed on March 30, 2012, which was KRW 200,000,000 of the maximum debt amount under the name of the Korea Housing Finance Corporation, and the registration of creation of a mortgage in the name of the Vietnam Housing Corporation (hereinafter “the instant real estate”).
(hereinafter referred to as “existing collateral security”). D.
B, in addition to the indemnity liability against the Plaintiff, the liability for the reimbursement against the Plaintiff is also limited to KRW 693,00,000 for the Credit Guarantee Fund; KRW 201,264,136 for the Small and Medium Business Corporation; KRW 26,768,556 for the Bank of E-K Savings; KRW 305,869,963 for the Bank of Korea; KRW 283,646,245 for the Bank of Korea; KRW 42,141,986 for the Nonghyup Bank; KRW 5,95,261 for the Hyundai Social Savings Corporation; and KRW 5,950,762 for the Korean Card.
E. On March 27, 2015, Defendant and B concluded a mortgage contract with a maximum debt amount of KRW 160,000 with respect to the real estate indicated in the separate sheet under the pretext of securing existing debts, and below.