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1. The contract to establish a right to collateral security concluded on January 12, 2018 between the Defendant and B regarding each real estate listed in the separate sheet.
Reasons
1. Basic facts
A. On July 22, 2013 and March 6, 2014, the Plaintiff concluded a credit guarantee agreement with C Co., Ltd. (hereinafter “Nonindicted Company”).
B as the representative director of the non-party company, the non-party company guaranteed the indemnity obligation under the credit guarantee agreement with the plaintiff.
Based on the credit guarantee certificate issued by the Plaintiff, Nonparty Company borrowed KRW 450,000,000 from a corporate bank on July 24, 2013, and KRW 270,00,000 from a D bank on March 6, 2014.
B. On March 7, 2018, the non-party company suffered a guarantee accident stipulated in the credit guarantee agreement due to the principal delinquency, etc.
On April 2, 2018, the Plaintiff repaid the amount of KRW 273,282,904 to a company bank on April 2, 2018, as well as KRW 452,417,473, and April 27, 2018.
C. On January 12, 2018, B entered into a mortgage agreement with the Defendant on each real estate (hereinafter referred to as the “instant real estate”) indicated in the attached list (hereinafter referred to as the “instant mortgage agreement”) in order to secure the Defendant’s claim for the purchase of goods against the non-party company (hereinafter referred to as “the instant real estate”), and on the same day, the Changwon District Court received the registration office of Changwon District Court, as the maximum debt amount of KRW 200 million.
(hereinafter referred to as “the establishment registration of a mortgage of this case”) D.
At the time of entering into the instant mortgage contract, the details of positive and negative properties are as follows.
1) Active property (referred to as the sequence 1 and 2 below) E F GH IJ 2) L L L L (the Defendant 1, Defendant 2, who was a co-defendant, in the instant case and Defendant 2, in the instant case)
E. At the time of entering into the instant mortgage contract, the obligee had set the right to collateral security (the secured debt Nos. 3 as the above secured debt) causing 1.3 billion won to L Cooperatives.
The sum of the appraised values of the instant real estate around November 2013 is KRW 1,461,732,00, and around January 12, 2018, which was at the time of the conclusion of the instant mortgage contract.