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1. (a) On April 9, 2018, between the Defendant and B, each real estate listed in the separate sheet No. 1 annexed hereto is concluded.
Reasons
1. The facts of recognition
1) An agricultural company limited partnership D (hereinafter “foreign company”)
(E) On July 25, 2016, upon entering into a credit guarantee agreement with the Plaintiff, E (hereinafter referred to as “E”) based on the said credit guarantee agreement.
2) On December 13, 2018, the Plaintiff paid 100 million won to Nonparty Company E with the principal and interest debt of Nonparty Company 101,104,657 on behalf of Nonparty Company E on December 13, 2018.
3) B is jointly and severally liable with the non-party company as a general partner of the non-party company to perform the obligation of advance reimbursement and reimbursement against the plaintiff of the non-party company. On November 8, 2019, as of November 8, 2019, B bears the Plaintiff the obligation of reimbursement of KRW 118,257,115 in total, including the interest of KRW 13,078,689, and the interest of KRW 13,257,115 in the remainder of the subrogated amount, KRW 101,00,031,139, KRW 1781, decided delay damages, KRW 570,000, KRW 570, and KRW 166, and the remainder of the subrogated amount until November 8, 2019.
As to the maximum debt amount, the establishment of a mortgage contract was concluded with the maximum debt amount of 200 million won, and the establishment of a mortgage for each of the defendant on the same day was completed (hereinafter “each of the instant mortgages”).
(C) A. B had been in excess of the obligation at the time of the establishment of each of the instant collective security rights. D.1) On September 20, 2018, the FF association, which was the first collective security right, filed an application for a voluntary auction of real estate on September 20, 2018, filed an application for a voluntary auction of real estate with the competent court C (hereinafter “instant auction procedure”). In that process, each of the instant real estate was sold on August 14, 2019, and the registration of creation of each of the instant collective security rights was revoked.
2) On September 30, 2019, the above auction court shall order 308,004,884 won to be actually distributed on the date of distribution to Daegu Metropolitan City in the first order (the pertinent tax amount of KRW 678,380, 156,056 to the F Association, a senior mortgagee, who is the senior mortgagee, 678,380.