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1. At the request of a change in exchange from the trial, the defendant shall transfer to B the bonds listed in the attached Table 2.
Reasons
1. Basic facts
A. The Plaintiff and C’s credit guarantee agreement 1) The Plaintiff is a stock company C on April 19, 2013 (hereinafter “foreign company”).
In addition, the credit guarantee agreement was concluded on February 27, 2015 with regard to the principal and interest of loans to be borne by the company to the Industrial Bank of Korea (hereinafter “instant credit guarantee agreement”). The credit guarantee agreement was concluded on February 27, 2015 (hereinafter “instant credit guarantee agreement”).
(2) On April 24, 2013, Nonparty Company submitted a credit guarantee certificate issued by the Plaintiff pursuant to the credit guarantee agreement of this case to the Industrial Bank of Korea, and received a loan from the Industrial Bank of Korea as of February 27, 2015, by setting the due date for repayment of KRW 500,000,000 from the Industrial Bank of Korea.
B. The Industrial Bank of Korea, upon occurrence of a credit guarantee accident and the Plaintiff’s performance of guaranteed obligations, notified the Plaintiff on March 27, 2015 that “the Nonparty Company was in arrears with the payment of interest during the loan on January 27, 2015, and caused a guaranteed accident.” The Plaintiff subrogated the Bank of Korea for the total amount of KRW 425,608,390 under the instant credit guarantee agreement on May 18, 2015 (i.e., principal amount of KRW 425,00,000, KRW 608,390).
C. On August 6, 2014, B and the Defendant concluded a contract to establish a mortgage (hereinafter “instant mortgage”) with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) owned by B, the Defendant entered into a mortgage agreement with the mortgagee, Nonparty Company, the debtor, and the maximum debt amount at KRW 1200,000,000. On the ground of the agreement, on August 8, 2014, the establishment registration was completed under the Defendant’s name (hereinafter “the establishment registration of a mortgage”).
B's active property property B's claim against the plaintiff of the small property B ( principal of KRW 425,00,000) and the claim against the Seoul Credit Guarantee Foundation.