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1. The contract to establish a right to collateral security concluded on April 8, 2019 between the Defendant and B regarding the real estate stated in the attached list.
Reasons
1. Facts of recognition;
A. 1) Co., Ltd. E (hereinafter “E”) including the conclusion of a credit guarantee agreement
(1) As between the Plaintiff and the Plaintiff, the credit guarantee agreement between the amount guaranteed on October 16, 2014, KRW 184,000,000, and the term of guarantee until October 15, 2015 (hereinafter “credit guarantee agreement”).
(2) On April 13, 2017, the credit guarantee agreement with the term of April 13, 202, including the first credit guarantee agreement and the second credit guarantee agreement, as well as the first credit guarantee agreement as the second credit guarantee agreement as of April 13, 202 (hereinafter “the second credit guarantee agreement”).
2) At the time of the conclusion of each credit guarantee agreement of this case, B jointly and severally guaranteed the obligations under each credit guarantee agreement of this case against the plaintiff of this case.
3) The first credit guarantee agreement was finally changed to KRW 157,600,000, and the period of guarantee until September 11, 2019. 4) E received a loan from the F Bank by using each credit guarantee agreement of the instant case.
B. On April 8, 2019, B concluded a mortgage agreement with the Defendant as to the real estate indicated in the separate sheet (hereinafter “instant real estate”) on its own ownership on April 8, 2019 (hereinafter “instant real estate”). On the same day, B concluded a mortgage agreement with the Defendant as to the instant real estate (hereinafter “instant mortgage agreement”). On the same day, B, the Defendant, including the debtor, the mortgagee, the Defendant, and the maximum debt amount of KRW 252,00,00
(hereinafter the above right to collateral security (hereinafter “instant right to collateral security”) C.
In the event of a credit guarantee accident and the Plaintiff’s subrogation, E did not pay the loan and interest granted by the F Bank, and the credit guarantee accident under each of the instant credit guarantee agreements occurred on April 16, 2019. The Plaintiff subrogated 227,434,626 won to the F Bank on November 1, 2019.
On September 29, 2016, prior to the creation of the instant right to collateral security, the real estate in the instant case was the right to collateral security at KRW 682,50,000, which was the debtor B, the mortgagee G Union, the maximum debt amount, and the right to collateral security at KRW 682,50,000.