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1. The defendant's appeal is dismissed.
2. All costs of the lawsuit are borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. In order to obtain a loan for corporate facility division from C (hereinafter “C”) on August 19, 201, B Co., Ltd. (hereinafter “B”) entered into a credit guarantee agreement with the Plaintiff and issued a credit guarantee certificate with the Plaintiff at KRW 1,273,776,00 of the guaranteed amount, KRW 2,653,700 of the guaranteed amount, KRW 2,653,70,000 of the guaranteed amount, and KRW 48% of the guaranteed amount.
B obtained loans of KRW 2,653,700,000,000 from the Gwangju District Court (hereinafter referred to as the “instant collateral security”) under Article 6 of the Act on Mortgage on Real Estate, Factory, and Mining Foundation (F; hereinafter collectively referred to as the “instant factory”) as joint collateral under the joint collateral of Article 6 of the Act on the Mortgage on the same day, as the maximum debt amount of KRW 3,705,00,00,000, the debtor B, and the mortgagee C, as the joint collateral of August 19, 201, by completing the registration of establishment of a collateral for the debtor B and the mortgagee C (hereinafter referred to as the “instant collateral security”).
(hereinafter “instant guaranteed loan”). B.
On October 18, 2012, the Plaintiff paid KRW 1,156,624,838 (the total sum of KRW 1,123,920,000, the amount equivalent to 48% of the loan balance of KRW 2,341,50,000 and interest KRW 32,704,838 from April 8, 2012 to October 17, 2012) upon the Plaintiff’s claim for the performance of the guaranteed obligation on the ground of a guarantee accident.
C. On October 18, 2012, upon receiving the subrogation from the Plaintiff, C entered into a contract for partial transfer of the right to collateral security with the Plaintiff (hereinafter “instant contract for partial transfer of collateral security”), and on October 19, 2012, on October 19, 2012, the Plaintiff entered into an additional registration of the partial transfer of the right to collateral security (1,156,624,838 won, and the additional registration of the partial transfer of the right to collateral security (hereinafter “instant contract for partial transfer of collateral security”) with the Plaintiff on October 19, 2012, as the receipt of the payment on October 19, 2012 by Gwangju District Court registration Office
(hereinafter “instant registration of partial transfer of collateral security”). According to Article 2 (Order of Priority) of the instant contract of partial transfer of collateral security, the instant right of collateral security is established.