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1. D (E) signed an agreement with the Defendants on April 18, 2018 with respect to each real estate listed in the separate sheet.
Reasons
1. Facts of recognition;
A. The Plaintiff entered into an agreement with D (F), ① credit guarantee agreement with G Bank as of June 20, 201, the guaranteed amount of KRW 360,000,000, the guarantee period of which is June 18, 2021; ② a credit guarantee agreement with the creditor Small and Medium Business Corporation as of April 21, 2015 (the guarantee amount of KRW 267,750,000 was changed to KRW 238,000) and the guarantee period of which is extended by April 20, 2016 (the period was extended by April 20, 2018); ③ a credit guarantee agreement with G Bank as of the creditor; ③ a credit guarantee agreement with the creditor bank as of November 10, 2015; and ③ a credit guarantee agreement with the creditor bank as of November 9, 2023; and
(hereinafter referred to as the “instant credit guarantee agreement”). D used each of the above credit guarantee agreements and borrowed money to the above creditors.
B. On April 18, 2018, D concluded each contract to establish a collateral security with the Defendants as to each of the real estate indicated in the separate sheet with the Defendants. On the same day, I completed the registration of creation of a collateral security (hereinafter collectively referred to as the “registration of creation of a collateral security”) with the receipt number No. 34769, which was KRW 365,376,000 of the maximum debt amount, ② Defendant B with the receipt number No. 34770, ③ the receipt number No. 34770 of the maximum debt amount, ③ Defendant C with the receipt number No. 34773,36,500 of the maximum debt amount ( collectively referred to as the “registration of creation of a collateral security”).
C. On May 4, 2018, the Small and Medium Business Corporation notified the Plaintiff that the G Bank, May 19, 2018, and the H Bank, June 11, 2018, caused an accident of default on payment of interest on the scheduled date. D.
The Plaintiff, as a guarantor of D, subrogated to the Small and Medium Business Corporation on September 6, 2018, KRW 233,411,962, KRW 209,730,358, and KRW 242,840,528, respectively, on September 18, 2018.
E. D On September 18, 2018, filed an application for bankruptcy and exemption (the District Court 2018Hadern 101341, 2018Hadern 2018, 101341).
In the above procedure, debt of D was identified as total of KRW 6,724,122,407, and total of KRW 3,663,986,239.
The whole debt was incurred by around 2017 or by its relocation.
F. The above court on June 18, 2019