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1. It was concluded on October 22, 2016 with regard to the real estate stated in paragraph 1 of the attached Table between Defendant A and D.
Reasons
1. Facts of recognition;
A. On May 14, 2013, the Plaintiff entered into a credit guarantee agreement (hereinafter “credit guarantee agreement”) with the F Co., Ltd. (hereinafter “Nonindicted Company”) to guarantee the obligations of loans to G Co., Ltd. (hereinafter “G”) (hereinafter “Nonindicted Company”) and issued a credit guarantee agreement (hereinafter “credit guarantee agreement”) as of May 13, 2014, which is KRW 400 million in the future of G, KRW 360 million in the guarantee period, KRW 360 million in the guarantee period, and KRW 360 million in the guarantee period, May 12, 2017, and the Nonparty Company received a loan from G by submitting the said credit guarantee agreement.
In addition, on May 12, 2016, the Plaintiff entered into a credit guarantee agreement between the non-party company and the non-party company (hereinafter “H”) to guarantee the payment obligation owed by the non-party company according to the basic transaction agreement entered into with the non-party company (hereinafter “the non-party company”). The Plaintiff issued a credit guarantee agreement between H, 90 million won in the future, and November 14, 2016, and the non-party company received goods from H by submitting the said credit guarantee agreement.
B. Meanwhile, D jointly and severally guaranteed all obligations owed to the Plaintiff by the non-party company due to the first and second credit guarantee agreement.
C. On December 27, 2016, a credit guarantee accident occurred due to the non-party company’s delinquency in the payment of loans. The Plaintiff subrogated for KRW 362,395,946 in G on February 8, 2017, and KRW 900 million in H on February 9, 2017.
D With respect to the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter referred to as “real estate No. 1”) on October 22, 2016 between Defendant A Co., Ltd. (hereinafter referred to as “A”), a lease agreement between October 22, 2016 and October 21, 2018 (hereinafter referred to as “first lease agreement”) stipulated as the deposit amount of KRW 25 million, the lease period of KRW 20 million from October 22, 2016 to October 21, 2018, and the real estate listed in paragraph (2) of the attached Table No. 2 (hereinafter referred to as “second real estate”) on December 16, 2016, the lease agreement stipulated as the deposit amount of KRW 15 million from December 16, 2016 to December 15, 2018.