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1. A contract establishing a right to collateral security concluded on September 27, 2017 between the Defendant and B regarding the real estate listed in the attached Table 1 list.
Reasons
1. Facts of recognition;
A. The Plaintiff’s claim 1) The Plaintiff’s credit guarantee agreement with B engaged in the manufacturing of electronic apparatus, etc. in the name of “C” (hereinafter collectively referred to as “instant credit guarantee agreement”) as indicated in the following table.
(B) Upon entering into the Credit Guarantee Agreement, the Bank issued each credit guarantee form under the Credit Guarantee Agreement, and B borrowed a total of KRW 758 million from the Industrial Bank of Korea. From the date of concluding the Credit Guarantee Agreement, the Bank was extended on April 17, 2015 by 12014-04-04-18 Industrial Bank of Korea (which was KRW 2018-18) and was later extended on April 17, 2015. According to the Credit Guarantee Agreement, where the Plaintiff paid a debt by subrogation of B, the amount of subrogated payment and the amount of delay in the agreement was paid.
3) At the time, B is a stock company D (hereinafter “D”) engaged in the production of PCB circuit board.
(4) On December 20, 2017, when holding office as the representative director, the Plaintiff and D were joint and several sureties in the credit guarantee agreement entered into between the Plaintiff and D. D applied for rehabilitation procedures as Seoul Rehabilitation Court 2017 Ma10021, and received a decision on commencing rehabilitation procedures on January 8, 2018. (4) Accordingly, B lost the benefit of repayment due to the “decision on commencing rehabilitation procedures for related companies (D)” (hereinafter “instant credit guarantee accident”), and the Industrial Bank notified the Plaintiff of the occurrence of the instant credit guarantee accident on the same day.
5) Accordingly, on January 25, 2018, the Plaintiff subrogated to the Industrial Bank of Korea the sum of KRW 647,906,906,906 for the principal and interest of B’s loan obligations, which remains in KRW 632,930,359, and paid KRW 3,918,668 for legal procedure costs.
B. The Defendant’s disposal disposition against the Defendant was supplying D with goods, such as mountain, yellow, etc.