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1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The real estate indicated in the separate sheet between the defendant and C.
Reasons
1. Basic facts
A. On January 24, 201, the Plaintiff entered into a credit guarantee agreement with C&C Co., Ltd. (hereinafter “Non-Party Company”) by setting the guarantee period as KRW 60,80,00 on January 20, 201, KRW 60,800 on the guaranteed principal, ② the guarantee period on December 9, 201, KRW 161,500 on the guaranteed principal, and KRW 161,50,000 on the guaranteed principal. Co-Defendant A, B, and C of the first instance trial jointly and severally guaranteed the liability for indemnity against the Plaintiff by the Non-Party Co-Defendant A, B, and C, and the Non-Party Company was loaned from the National Bank as security a credit guarantee agreement issued by the Plaintiff in accordance with the respective credit guarantee agreements.
B. When a credit guarantee accident occurred as a result of the non-party company’s delinquency of interest on the above loans to the National Bank on September 16, 2011, the Plaintiff subrogated to the National Bank on March 23, 2012 at the request of the National Bank KRW 23,264,050 for the principal and interest on the loans of the non-party company guaranteed by the credit guarantee agreement.
C. (1) On November 4, 2011, Co-Defendant C of the first instance trial (hereinafter referred to as “C”) entered into a mortgage agreement with the Defendant on the real estate indicated in the separate sheet (hereinafter referred to as “the instant real estate”) with the Defendant, whereby the debtor is KRW 100 million with respect to the non-party company and the maximum debt amount, and on the same day, the agreement was completed to the Defendant on November 4, 201 with the Suwon District Court 168438, the registration of the establishment of a mortgage (hereinafter referred to as the “registration of establishment of a mortgage”).
(2) At the time of entering into the instant mortgage contract, C had real estate equivalent to KRW 372,50,000 at the market price as active property, and with small property, KRW 223,264,050 ( KRW 61,95,033 + (1,95,033 + the above-mentioned indemnity liability + the above-mentioned indemnity liability of KRW 161,309,017 + A 2,24,264,00,000 as a whole, comprehensively taking into account the entire arguments, the above credit guarantee agreement was concluded with the non-party company around November 30, 206 (A.).