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1. The right to collateral security concluded on March 28, 2018 between the Defendant and C regarding each real estate listed in the list 1 and 2 of the attached real estate.
Reasons
1. Existence of the basic fact-finding claim;
A. The Plaintiff merged D on September 1, 2015, as a corporation for cement manufacturing business, etc.
(hereinafter referred to as “Plaintiffs” in both D and Plaintiff before the merger. (B)
The Plaintiff supplied cement, etc. to E Co., Ltd. (hereinafter referred to as “E”) from November 17, 2014 to March 25, 2015, and C jointly and severally guaranteed the payment of the goods to the Plaintiff, but both E and C did not pay cement price of KRW 23,716,770.
C. On October 28, 2016, the Plaintiff filed an application for a payment order with the Gwangju District Court 2016 tea7521 on October 28, 2016. On March 31, 2016, the payment order was issued to the effect that “C shall pay to the Plaintiff 23,716,770 won and the amount equivalent to 6% per annum from March 26, 2015 until the delivery date of the original copy of the instant payment order, and 15% per annum from the next day to the date of complete payment,” and the said order was served to C on November 2, 2016 and became final and conclusive on the 17th day of the same month.
Establishment of a mortgage of this case
D. On the other hand, on March 28, 2018, C agreed to set up a collateral on the attached list 1, 2, each of the real estate owned by C (hereinafter “each of the instant real estate”) as the only real estate owned by C, and on March 30, 2018, C completed the registration of setting a collateral security amount of KRW 100,000,000 for each of the instant real estate in the future of the Defendant on March 30, 2018.
(hereinafter “each of the instant collateral security”). E.
At the time of the establishment of each of the instant mortgages, C’s active and passive properties were as follows.
Pro rata property shall be 429,00,000 won (negative) G with respect to the Defendant’s obligation of KRW 121,100,000 against the Plaintiff’s obligation to the Plaintiff (in the course of the lawsuit of Gwangju District Court 2018Da526864), a collateral security obligation against the Defendant’s obligation to the Korea Workers’ Compensation and Welfare Corporation of KRW 96,459,980 against the Defendant (the maximum amount of claim KRW 84,00,000).