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1. The defendant shall issue to the plaintiff a senior Korean District Court for each real estate stated in the attached list.
Reasons
1. Basic facts
A. The Defendant Corporation received the insurance policy of the credit transaction agreement issued by the Seoul Guarantee Insurance Company from C (hereinafter “Nonindicted Company”) and sold rice to the Nonparty Company on credit. On August 2015, the Nonparty Company demanded the Nonparty Company to provide collateral for the credit amount, as the credit amount of the Nonparty Company reaches a total of KRW 290,000,000,000, more than the guarantee amount of the said insurance policy.
B. Accordingly, D, the representative director of the non-party company, asked D to introduce land to be offered as security to E, and E introduced the Plaintiff, the owner of each real estate listed in the separate sheet (hereinafter “instant real estate”).
At the time, E provided the real estate of this case to the Plaintiff as collateral, the amount of KRW 300 million out of the security amount was used by the non-party company, and the remaining amount of KRW 200 million was the remainder that the non-party company supplied rice from the defendant corporation and stated that it would be commercialized and lent to the plaintiff.
C. On August 28, 2015, the Plaintiff prepared a mortgage-based contract with the debtor as to the instant real estate at the place where the representative director, F, D, E, etc. of the Defendant corporation were gathered, with a maximum debt amount of one billion won as to the non-party company and the maximum debt amount.
(hereinafter “instant mortgage contract”: Provided, That the maximum debt amount of the said mortgage refers to the conditional appraisal of the instant real estate requested by E to an appraisal company, which is a conditional appraisal (hereinafter referred to as “Conditional appraisal”).
The amendment was made later according to the amount. D.
After that, the Laos and employees of the defendant corporation demanded D to reduce the maximum debt amount of the right to collateral security of this case to KRW 650 million.
D In this regard, on September 11, 2015, with the Plaintiff’s consent that it would continue to set the maximum debt amount of the instant right to collateral security at a lower level. This would result in September 14, 2015.