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1. On June 27, 2014, the building indicated in the separate sheet between Nonparty B and the Defendant was concluded.
Reasons
1. Facts of recognition;
A. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in each entry of Gap evidence Nos. 1 through 8 (including each number), and there is no counter-proof.
(1) On February 14, 2014, the Plaintiff lent KRW 500 million to D Co., Ltd. (hereinafter “D”), interest rate of KRW 4.45% per annum, delay damages rate of KRW 12% per annum, and principal amount to be repaid in installments every three years after two years after D’s grace period. The Plaintiff jointly and severally guaranteed D’s representative director’s loan obligations against D.
D. However, since June 2014, D and B were to pay the principal and interest of the loan, and they lost their profits within the period from November 30, 2015. At the time of September 9, 2016, B’s principal and interest of the loan amounting to KRW 560,627,489 (the interest of KRW 500,000,000,000,00 interest of the loan principal) totaling KRW 10,576,298 interest interest rateing to overdue interest rateing to KRW 48,064,457,00,000, KRW 1,986,734).
Secondly, on July 8, 2014, with respect to the buildings listed in the [Attachment List] owned by B (hereinafter “instant buildings”), the registration of creation of mortgage was completed on the ground of the mortgage agreement concluded on June 27, 2014 with the Defendant and the maximum debt amount of KRW 200 million (hereinafter “instant mortgage agreement”).
m. On July 28, 2015, the NongHyup Co., Ltd. applied for an auction of real estate rent to Busan District Court C, and completed a registration for entering the auction on the same day. On September 9, 2016, the said court prepared a distribution schedule to the Defendant, who was the mortgagee and the applicant creditor of the right to issuance of the right to collateral security, distributed the remainder of KRW 616,640,589, which was calculated by deducting KRW 10,852,416, out of the auction price of KRW 627,493,05,05, from the date of distribution of the above auction procedure, the remainder of KRW 616,640,589, which was actually distributed the auction price of KRW 616,640,589, which was calculated by actually distributing the auction price of KRW 320,280, the pertinent tax amount first and second, to the Defendant, who was the mortgagee of the right to collateral security.
(v) the Plaintiff.