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1. The contract to establish a mortgage between the Defendant and B on October 31, 2014 regarding the real estate stated in the separate list, as well as the contract.
Reasons
1. Basic facts [based on recognition: Facts without any dispute, Gap's evidence Nos. 1 through 14, Eul's evidence Nos. 1 through 9, the results of inquiry into the National Court Administration of this Court, the results of inquiry into the Court Administration of this Court, the results of inquiry into each of the financial transaction information meetings to Dongsan Agricultural Cooperatives and Small and Medium Business Corporation
A. (1) The Plaintiff’s claim against B 1) The Plaintiff is a C Co., Ltd. (hereinafter “C”) on June 7, 2011.
(2) On June 7, 2011, the Plaintiff entered into a credit guarantee agreement (a guarantee amount: KRW 70 million) with C on a credit guarantee agreement (a guarantee amount: KRW 30 million) and C obtained a loan from the former bank as collateral under the said credit guarantee agreement. (2) On a credit guarantee agreement, the Plaintiff entered into a credit guarantee agreement with C on a credit guarantee agreement (a guarantee amount: KRW 70 million) and C obtained a loan from the former bank as collateral on a credit guarantee agreement.
3) On September 3, 2012, the Plaintiff entered into a credit guarantee agreement (a guarantee amount: KRW 170 million) with C, and C was loaned KRW 200 million from the Jeonbuk Bank on September 6, 2012 as collateral under the said credit guarantee agreement. 4) The Plaintiff entered into a credit guarantee agreement (a guarantee amount: KRW 300 million) with C on March 27, 2014, and C was loaned KRW 300 million from one bank as collateral on March 27, 2014.
5) B jointly and severally guaranteed the obligation of C to the Plaintiff in relation to each of the credit guarantee agreements as above. However, from November 2014 to December 2014, C delayed payment of interest on each of the loans to the former bank and lost the benefit of January 7, 2015. In this regard, the Plaintiff subrogated to the former bank in total of KRW 258,615,027 on May 6, 2015 upon the request for performance of the guaranteed obligation under the credit guarantee agreement of the former bank.
C In addition, around March 2015, after delinquency in paying the principal of loans to Han Bank, C lost its interest on March 28, 2015, and in this regard, the Plaintiff is one bank.