The judgment of the first instance court, including a claim for exchange change in the trial, shall be modified as follows:

. the defendant.

Basic Facts

On May 12, 2017, the Plaintiff entered into a credit guarantee agreement with E Co., Ltd. (hereinafter referred to as “E”) to guarantee the payment of loans to be borne by E Co., Ltd. (hereinafter referred to as “E”), with a credit guarantee agreement with the coverage amount of KRW 285,00,000, and with the coverage period of May 11, 2018, and thereafter the coverage period was changed by May 10, 2019.

(hereinafter “instant credit guarantee agreement”). B, who is the representative director, of E, has jointly and severally guaranteed all obligations owed to the Plaintiff by E pursuant to the instant credit guarantee agreement.

On October 2, 2018, E, such as the occurrence of a credit guarantee accident and the subrogation, filed an application for bankruptcy with the Seoul Rehabilitation Court 2018Hahap100388, and the Plaintiff subrogated 257,503,213 won in total to F, a corporation pursuant to the instant credit guarantee agreement on November 27, 2018.

On June 20, 2019, the Plaintiff filed a lawsuit against B, a joint guarantor of the instant credit guarantee agreement, with Seoul Western District Court 2019Kadan204633, and on June 20, 2019, the Plaintiff rendered a favorable judgment in favor of the Plaintiff that “B shall pay to the Plaintiff the amount of reimbursement for the amount of reimbursement (=260,129,379 won in subrogation (=257,503,213 won in subrogation - KRW 3,778,656, such as the cost of compensating for the amount of reimbursement, KRW 1,152,490 in subrogation)” and its delay damages.

B and the Defendant entered into a mortgage agreement, on August 2, 2018, B and the Defendant entered into a mortgage agreement with the Defendant regarding the real estate listed in the separate list owned by B (hereinafter “instant real estate”) with the maximum debt amount of KRW 1,00,000,000, and accordingly, the mortgage agreement with the obligor E (hereinafter “instant mortgage agreement”) was completed on August 7, 2018.

Although the Defendant, the mortgagee of the instant real estate, and the Korea Asset Management Corporation, established the Fright of collateral security in the first order with respect to the instant real estate, such as the progress of the auction procedure on the instant real estate, the said collateral security is the same.