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1. As to KRW 275,176,892 and KRW 271,859,118 among the Plaintiff, Defendant A shall be from September 3, 2018 to November 23, 2018.
Reasons
1. (1) On June 11, 2014, the Plaintiff entered into a credit guarantee agreement (hereinafter referred to as “credit guarantee agreement of this case”) with C Co., Ltd. (hereinafter referred to as “FFD”) by setting the guarantee amount of KRW 297,50,000, and the guarantee period from June 11, 2014 to June 10, 2015 (the guarantee period of this case was finally changed to June 8, 2018, and the guarantee amount was changed to KRW 267,750,000 on May 31, 2016) as a credit guarantee agreement (hereinafter referred to as “credit guarantee agreement of this case”). Defendant A, the representative of Nonparty Co., Ltd., jointly and severally guaranteed the obligation, such as indemnity under the credit guarantee agreement of this case.
(2) On June 11, 2014, Nonparty Company borrowed KRW 350 million from E (hereinafter “E”) pursuant to the instant credit guarantee agreement.
(3) On May 15, 2018, the Plaintiff notified Nonparty Company E of the occurrence of a credit guarantee accident, and on September 3, 2018, the Plaintiff subrogated for KRW 271,859,118 (i.e., the guaranteed principal amount of KRW 267,750,00,000, KRW 4,118) in accordance with the credit guarantee agreement in this case, and related penalty 1,324,810, KRW 1,92,964.
B. On January 8, 2018, Defendant A, including the creation of a mortgage by Defendant A, entered into a mortgage agreement with Defendant B, the obligor, and the maximum debt amount of which are KRW 276,267,550 on each of the real estate listed in the separate sheet owned by Defendant A (hereinafter “instant real estate”). On January 9, 2018, Defendant A, including the establishment of a mortgage, concluded a mortgage agreement (hereinafter “mortgage agreement”) with Defendant B, and completed the registration of the establishment of a mortgage between Suwon District Court and Defendant B on January 9, 2018.
[Ground] Defendant A: Judgment without pleading (Article 208(3)1 and Article 257(1) of the Civil Procedure Act), Defendant B: The fact that there is no dispute, Gap evidence 1 through 7 (including the number of branch numbers; hereinafter the same shall apply), Eul evidence 2, and all pleadings.