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1. The judgment of the court of first instance is modified as follows.
The above court in the distribution procedure B of Suwon District Court Sungnam Branch B.
Reasons
1. Facts of recognition;
A. The Korea Technology Finance Corporation (if it is not necessary to distinguish the former name from the Korea Technology Finance Corporation; hereinafter referred to as “Plaintiff”) entered into a credit guarantee agreement between the non-party company C (hereinafter referred to as “non-party company”) with respect to the obligation to return the principal and interest of loans to the Industrial Bank of Korea of the non-party company as the guaranteed amount of KRW 190,000,000,000, and the term of guarantee on February 25, 2011. The non-party company agreed to obtain a credit guarantee agreement under the said credit guarantee agreement from the Industrial Bank of Korea as collateral and thus, the non-party company would lose the benefit of all the obligations when the non-party company delayed interest, etc. or due to the occurrence of a cause such as default.
Since then, the coverage amount of the credit guarantee agreement was 170,000,000 won, and the maturity was changed to February 17, 2015.
B. On September 16, 2014, Nonparty Company lost the benefit of time due to this natural body’s debt owed to the Industrial Bank of Korea. Accordingly, on December 29, 2014, the Plaintiff subrogated to the Industrial Bank of Korea for KRW 173,268,838 on December 29, 2014.
C. On September 28, 2012, the Defendant entered into a monetary loan agreement with D, the representative of the non-party company, setting a maturity of KRW 60,00,000 as KRW 1,50,000 on December 31, 2015, and as a collateral, concluded a mortgage loan agreement with respect to each of the real estates listed in the separate sheet No. 1 owned by the non-party company (hereinafter “each of the instant real estates”) on October 5, 2012, and completed the registration of the establishment of a new mortgage agreement with the Suwon District Court as of October 11, 2012, with respect to each of the real estates listed in the separate sheet No. 1 owned by the non-party company (hereinafter “each of the instant real estates”).
(hereinafter “instant No. 1 collateral security”). D.
On September 28, 2012, the Defendant entered into a monetary loan agreement with the aforementioned D setting forth KRW 40,000,000 as the due date of payment of KRW 31 December 31, 2015, and the interest KRW 1,000,000.