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1. As to real estate listed in the attached list 1
A. Defendant A and Nonparty C Co., Ltd were concluded on June 9, 2015.
Reasons
1. Facts of recognition;
A. In relation to the receipt of loans from the Industrial Bank of Korea by Nonparty C Co., Ltd. (hereinafter “Nonindicted Company”), the Plaintiff concluded each credit guarantee agreement between the Nonparty Company and the Nonparty Company, setting forth the original limit of KRW 360 million on February 10, 2014, ② the original limit of KRW 180 million on February 10, 2014, ③ the original limit of KRW 90 million on December 3, 2014, and ③ the original limit of KRW 90 million on December 3, 2014.
(hereinafter referred to as the “instant credit guarantee contract” in entirety). (b)
In accordance with the instant credit guarantee agreement, Nonparty Company received loans from the Industrial Bank of Korea on February 10, 2014, KRW 200 million on the same day, and KRW 100 million on December 12, 2012, respectively.
C. According to the instant credit guarantee contract, where the non-party company was subrogated by the Plaintiff because it was unable to repay the loan, the non-party company agreed to pay the amount of subrogated payment to the Plaintiff, all incidental obligations to the Plaintiff, and damages at the interest rate determined by the Plaintiff from the date of subrogation. D, the representative of the non-party company, was jointly and severally liable to the Plaintiff.
As the company did not pay interest on August 10, 2015, the Industrial Bank of Korea notified the Plaintiff of the above fact on October 8, 2015, and the Plaintiff, on behalf of the non-party company, repaid KRW 443,513,401 in total on December 30, 2015.
E. On June 9, 2015, Nonparty Company entered into a mortgage agreement with Defendant A regarding real estate listed in the separate sheet No. 1, and completed the registration of creation of a mortgage of KRW 61,226,000 each of the maximum debt amounts in the future of Defendant A on the 11th of the same month.
F. On September 3, 2015, Nonparty D entered into a mortgage agreement with Defendant B on each of the real estate listed in the separate sheet 2 through 5, and the same month.
4. The establishment registration of each of the maximum debt amounts of KRW 80 million was completed.
G. On the other hand, around September 3, 2015, D’s active property exceeds the negative property at the time when the contract to establish a mortgage was concluded with Defendant B and D.