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1. As to KRW 322,594,798, which the Defendant subrogated to CF on March 10, 2017, the Plaintiff against the Defendant.
Reasons
1. Facts of recognition;
A. On August 18, 2015, the Plaintiff provided as security the land and building E in Suwon-si, Suwon-si (hereinafter “instant real estate”), which is owned by D, with KRW 310,00,000 at interest rate of 4.9% per annum and damages for delay at 15.735% per annum.
D) On the same day, D had registered the establishment of a mortgage with the maximum debt amount of KRW 403,00,000 on the same day.
(B) The right to collateral security established as above is referred to as the "mortgage of this case" and the above obligation is referred to as the "mortgage of this case."
D on August 9, 2016, the amount of KRW 5,000,000 from C Cooperatives was determined at 9.61% per annum and 19.59% per annum for delay compensation.
C. Meanwhile, F filed a lawsuit claiming construction price, etc. (the Daejeon District Court Branch Decision 2015Kadan19946, hereinafter “instant lawsuit”) on the ground that it had been awarded a contract for the construction of a building on a parcel outside of land G in the Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, and that it had not been paid the construction price, on the ground that it was not paid the construction price. On the other hand, F filed an application for provisional attachment (the Daejeon District Court Branch Branch 2015Kadan2516) with respect to the instant real estate owned D and received a provisional attachment order on December 11, 2015.
On October 26, 2016, the Daejeon District Court rendered a judgment in favor of some winnings that “D shall pay F 119,156,486 won and damages for delay.” Accordingly, F applied for compulsory auction on the instant real estate based on the above provisional execution declaration judgment, and the compulsory auction decision (U.S. District Court H) was rendered on December 8, 2016. However, D appealed appealed against the above judgment and appealed on March 23, 2017 (Seoul District Court 2017Kadan20037).
E. On January 25, 2017, an application for subrogation in the name of F on January 25, 2017, with the content that a junior creditor, who has a legitimate interest in repayment of the claim against D with respect to collateral security, applies for subrogation as a junior creditor.