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(영문) 부산지방법원동부지원 2019.07.10 2018가단211879
근저당권일부이전등기
Text

1. As to the real estate stated in the attached list to the plaintiff, the defendant shall be the North Busan District Court Seosan Branch Office.

Reasons

1. Facts of recognition;

A. On September 11, 2015, the Plaintiff entered into a credit guarantee agreement on September 9, 2016 with C, which provided that the guaranteed principal of KRW 297,50,000,000, and the term of guarantee on September 9, 2016 (if the terms and conditions of credit guarantee are changed two times thereafter, the term of guarantee shall be September 7, 2018), and on the same day, C as the principal of the loan, issued a credit guarantee agreement with the principal of the loan amounting to KRW 350,00,00,000, as the principal of the loan, and the credit guarantee agreement with KRW 85,00,00, as the principal of the loan, was issued to Defendant D branch.

B. The Plaintiff’s credit guarantee terms and conditions applicable to the above credit guarantee (hereinafter “instant terms and conditions”) provide that, immediately upon the Defendant’s performance of the guaranteed obligation from the Plaintiff, the security right equivalent to the amount calculated by multiplying the “security right acquired by the guaranteed agreement” and “the amount remaining after deducting the secured debt other than the secured loan from the secured collateral value related to the other secured loan” should be transferred to the new guarantor.

§ 20). (c)

On September 15, 2015, the Defendant provided C with a loan of KRW 350,000,000 under the above credit guarantee.

(hereinafter “instant loan”). D.

After that, C did not pay the principal and interest of the instant loan. On June 28, 2018, the Plaintiff subrogated to the Defendant for KRW 299,502,62 in accordance with the said credit guarantee agreement.

E. On the other hand, on September 11, 2017, the Defendant entered into a mortgage contract with respect to the real estate listed in the separate sheet of real estate (hereinafter “instant real estate”) in the name of the debtor C and the defendant with respect to the maximum debt amount of 48,00,000,000 won as indicated in the order, and completed the registration of establishment of a mortgage on the same day.

(hereinafter “instant collateral security”). 【The ground for recognition of the instant case’s existence of any dispute, entry in Gap’s Nos. 1 through 6 (including virtual numbers), and the purport of the entire pleadings

2. The assertion and judgment

A. The summary of the party’s assertion 1 Plaintiff’s instant collateral security is with respect to all credit transactions that C currently and futureally assumed against the Defendant.

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