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1. Revocation of a judgment of the first instance;
2.(a)
On August 4, 2014, the real estate indicated in the separate sheet between the defendant and B is indicated.
Reasons
1. Facts of recognition;
A. On February 3, 2012, D Co., Ltd. (hereinafter “Nonindicted Company”) concluded a credit guarantee agreement with the Plaintiff on February 1, 2013 with the principal of KRW 90 million and the term of guarantee (hereinafter “the instant credit guarantee agreement”) and received a loan of KRW 100 million from the Industrial Bank of Korea on February 6, 2012. The Nonparty Company B, the representative director of the Nonparty Company, guaranteed the Nonparty Company’s liability for indemnity under the instant credit guarantee agreement, and thereafter, the instant credit guarantee agreement was extended until January 29, 2015.
B. On April 30, 2013, the Defendant: (a) lent KRW 250 million to the Nonparty Company at the maturity of 200 million on June 30, 2013 and at the rate of 2% per month; (b) B and E guaranteed the Defendant’s debt on the same day; (c) Nonparty Company repaid only KRW 50 million of the borrowed principal until June 30, 2013; and (d) Nonparty Company failed to repay the remainder principal of KRW 200 million until May 2014.
C. On August 4, 2014, B completed the registration of creation of a collateral on the real estate listed in the separate sheet owned by the Defendant (hereinafter “instant real estate”) on August 4, 2014, with respect to the establishment of a collateral security (hereinafter “instant collateral security”) against the Defendant. At the time, B completed the registration of creation of a collateral security (hereinafter “instant collateral security”) with respect to the instant real estate with the maximum debt amount of KRW 200 million and the debtor. On May 21, 2013, 2013, the registration of establishment of a collateral security was completed on January 9, 2014 with respect to the establishment of a collateral security (hereinafter “instant collateral security”) under the name of the Korea Housing Finance Corporation on the ground of a final claim transfer on August 8, 2013.
On August 4, 2014, due to the suspension of current account transactions, Nonparty Company lost the benefit of time for the above loans to the Bank, and the occurrence of a credit guarantee accident.