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Attached Form
As to the real estate stated in the list A, the mortgage contract concluded on November 7, 2014 between A and the defendant is concluded.
Reasons
Facts of recognition
A. The Plaintiff is a juristic person established pursuant to the Small and Medium Enterprises Promotion Act for the purpose of efficiently promoting projects for promoting small and medium enterprises. The Defendant is a juristic person established pursuant to the Credit Guarantee Fund Act for the purpose of facilitating the financing of enterprises by guaranteeing obligations of enterprises which lack security solvency. 2) B farming association corporations (hereinafter “B”) are incorporated pursuant to the Act on Fostering and Supporting Agricultural and Fisheries Enterprises, and A is the representative director.
B. On January 17, 2012, the Plaintiff loaned KRW 100 million at the interest rate of KRW 3.55% per annum and KRW 12% per annum on January 17, 2012 (hereinafter “loan 1 of this case”).
(2) On June 4, 2012, the Plaintiff leased KRW 260 million at the interest rate of 3.06% per annum (fixed interest rate) and damages for delay rate of 12% per annum (hereinafter “the instant loan 2”), and A guaranteed B’s above loan obligation with the guarantee limit of the same day as KRW 372 million per annum.
3) On November 23, 2012, the Plaintiff leased KRW 1 billion at the interest rate of 3.79% per annum (change rate) and 12% per annum (hereinafter “third loan”).
(4) On November 23, 2012, the Plaintiff completed the registration of creation of a mortgage over KRW B and the maximum debt amount of KRW 1.2 billion based on the real estate stated in Schedule A 1, 3, and 4 owned by A as joint collateral, with the amount of guarantee limit of the same day as KRW 1.2 billion.
After March 15, 2013, the plaintiff completed the registration of the establishment of a neighboring mortgage added to the real estate listed in the attached Table 2, as shown in B, to the joint collateral.
(hereinafter collectively referred to as “each of the instant real estate.” 5) The Plaintiff set the interest rate of KRW 200 million in B on March 27, 2015 at 6.49% per annum (the fluctuation rate and damages rate per annum 12% per annum).