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1. As to the real estate listed in the list of the attached real estate, it was concluded on June 15, 2016 between B and Defendant A.
Reasons
1. Facts recognized;
A. On November 11, 2015, when the Plaintiff’s claim C (hereinafter “C”) obtained a loan of KRW 400 million from the Industrial Bank of Korea, and KRW 200 million from the Han Bank, the Plaintiff entered into a guarantee agreement with C, setting the guarantee limit to the Industrial Bank of Korea as KRW 360 million, and one bank as KRW 180 million, with the guarantee limit to KRW 180 million, and the Plaintiff, the representative of C, B, and D, as joint and several sureties’s representative, jointly and severally guaranteed the Plaintiff’s indemnity liability.
However, from July 2016, C began to delay the principal and interest of loans to financial institutions. The Industrial Bank of Korea notified the Plaintiff on October 12, 2016, and the Han Bank notified the Plaintiff on November 10, 2016, respectively.
Accordingly, the Plaintiff paid KRW 366,054,965 to the Industrial Bank of Korea on February 9, 2017, and KRW 181,467,732 to Han Bank on January 16, 2017, respectively.
As of February 9, 2017, the Plaintiff recovered part of the compensation amount from the joint and several surety D, and has a claim of KRW 280,389,493 as of February 9, 2017.
B. On June 15, 2016, B concluded a mortgage contract with Defendant A, the maximum debt amount of KRW 100 million, the debtor C, and the mortgagee A, with respect to the instant real estate on June 15, 2016, without any specific property other than the real estate indicated in the attached list of real estate (hereinafter “instant real estate”). On October 5, 2016, B concluded a mortgage contract with Defendant A, at the same time, completed the registration of creation of a mortgage over the instant real estate. On October 5, 2016, Defendant Two Food Co., Ltd. (hereinafter “Defendant Company”) and the maximum debt amount of KRW 100 million, the debtor C, and the Defendant Co., Ltd. established a mortgage contract with respect to the instant real estate as the Defendant Company.
C. On February 8, 2017, the auction procedure and dividends B, upon the application of the Industrial Bank of Korea, were commenced on February 8, 2017, by delaying the repayment of loans to the Industrial Bank of Korea with respect to the instant real estate, and on the date of distribution on August 22, 2017.