1. The plaintiff's lawsuit against defendant C is dismissed.

2. Defendant Incorporated Incorporated Co., Ltd.

Facts of recognition

On May 12, 2017, the Plaintiff entered into a credit guarantee agreement (hereinafter “instant credit guarantee agreement”) with Defendant A Incorporated Agricultural Company (hereinafter “Defendant A”). As to the principal and interest of loan to be borne by Defendant A to the Industrial Bank of Korea, Defendant A entered into a credit guarantee agreement with each of the credit guarantee agreements (hereinafter “instant credit guarantee agreements”) by setting the guarantee principal as until May 11, 2020, with respect to the principal and interest of loan to be borne by the Industrial Bank of Korea.

At the time, Defendant B guaranteed Defendant A’s obligation to the Plaintiff under the Credit Guarantee Agreement.

Based on the instant credit guarantee certificate issued by the Plaintiff, Defendant A obtained a loan from the Industrial Bank of Korea.

According to the credit guarantee agreement of this case, when the plaintiff fulfilled the guaranteed obligation, the defendant A pays the amount paid to the plaintiff for the performance of the guaranteed obligation, and damages for delay calculated by multiplying the amount by the interest rate set by the plaintiff from the date of the performance of the guaranteed obligation to the date of repayment, and the expenses incurred in the preservation, transfer and exercise of the right acquired

From October 31, 2017, Defendant A lost the benefit of time due to delinquency in paying interest on loans to the Industrial Bank of Korea from around October 31, 2017. The Plaintiff subrogated the Industrial Bank of Korea for KRW 172,461,486 pursuant to the Credit Guarantee Agreement.

Under the credit guarantee agreement of this case, the outstanding amount is KRW 661,100 among the legal procedure costs incurred by the Plaintiff in order to secure the claim for indemnity, and the interest rate for delay determined by the Plaintiff is 10% per annum from February 28, 2018 to February 28, 2018

Defendant A entered into a mortgage agreement with Defendant C Co., Ltd. (hereinafter “Defendant C”) on October 30, 2017 with respect to each of the real estate listed in the separate sheet No. 1 attached thereto (hereinafter “real estate No. 1”), with the maximum debt amount of KRW 500 million, and with Defendant A with respect to the first real estate on the same day.