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1. As to the Plaintiff (Counterclaim Defendant)’s KRW 2,715,550 to the Defendant (Counterclaim Plaintiff) and the amount from February 26, 2013 to February 5, 2015.
Reasons
1. Facts of recognition;
A. On February 27, 2009, the New Bank Co., Ltd. (hereinafter “New Bank”) entered into a mortgage agreement on each of the real estate listed in the separate sheet owned by A (hereinafter “the instant real estate”) in order to secure A’s entire obligations, etc. due to credit transactions with A, and completed the establishment registration of a mortgage of KRW 650 million with the maximum debt amount.
hereinafter referred to as "priority mortgage" is called a priority mortgage.
In addition, the term "non-party company" refers to the head of the office and the head of the office of the company below the floor.
A has taken over A's obligations.
B. After that, the non-party company was issued a credit guarantee certificate with a guarantee ratio of 95% of the estimated amount of loans by the defendant and was 150 million won from the non-party bank on May 26, 2010, hereinafter "the loan of this case").
On the same day, the registration of the establishment of the mortgage over the non-party bank and the maximum debt amount of KRW 260 million was completed with respect to the instant real property.
hereinafter referred to as the "mortgage of this case" is called the "mortgage of this case.
C. On February 21, 2012, the Defendant repaid KRW 145,189,932 out of the instant loans, and, on February 21, 2012, deemed the “instant transfer agreement with the Nonparty bank” as the “instant transfer agreement.”
After the conclusion of the instant transfer agreement, a supplementary registration of partial transfer of the right to collateral security (145,189,932) was completed. D. The main contents of the instant transfer agreement are as follows. ① The amount of dividends under the said transfer agreement shall be preferentially appropriated for the transferor (creditor, non-party bank)’s claims as set forth in the following subparagraphs, and the remaining amount shall be divided in proportion to the ratio of liability of the transferor and the transferee (Plaintiff) for the non-performing loan.
2. (Omission)
3. The amount of interest calculated by applying the overdue interest rate arising by the date on which the guaranteed obligation is performed and the agreed interest rate.