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1. The contract to establish a mortgage between the defendant and C added by the plaintiff in this court on January 28, 2016 and February 12, 2016.
Reasons
1. Basic facts
A. 1) Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant (hereinafter “A”) in the first instance trial
) The Scco Co., Ltd. (hereinafter referred to as “Scco”).
() On July 29, 2015, the Plaintiff and the insured amount is KRW 2.3 billion, and the insurance period is from July 23, 2015 to July 22, 2016, in order to secure the payment of goods under the product supply contract with the insured (hereinafter “instant insurance contract”).
(2) At the time of the instant insurance contract, the Plaintiff and A agreed that: (i) at the time of the instant insurance contract, A shall bear a certain percentage of damages for delay in the event that the Plaintiff makes a payment by subrogation pursuant to the instant insurance contract because A did not perform his/her obligation to Spanco; and (ii) at the time of the occurrence of the insured event due to delay in its obligation to Spanco, A shall bear the obligation for advance reimbursement even if there was no prior notice or peremptory notice from
3) A, as well as F, B, C, D, and E, jointly and severally guaranteed the obligation of indemnity against the Plaintiff under the insurance contract of this case on the same day. (B) The occurrence of an insurance accident and the claim for indemnity against A (i) the occurrence of the insurance accident and the claim for indemnity was made on March 14, 2016 while A continued not to pay the price for goods to Spanco after June 2015.
At the time, Spanco had a claim for the amount of KRW 7,898,222,875 against A.
(hereinafter) Accordingly, on March 28, 2016, Scco claimed for payment of KRW 2.3 billion insurance proceeds under the instant insurance contract to the Plaintiff on March 28, 2016. The Plaintiff subrogated for KRW 2.3 billion to Scco on April 15, 2016. (c) Real estate transaction between the Defendant and C is between the Defendant and the Defendant, and each of the real estate listed in the separate sheet No. 2 and the separate sheet No. 3 as follows:
In total, this shall apply.