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1. The plaintiff's main claim is dismissed.
2. The Defendant’s KRW 25,189,639 and its related amount on June 11, 2019 to the Plaintiff.
Reasons
1. Basic facts
A. The Industrial Bank of Korea set up six collateral mortgages on D factory sites 1,959m2, 3 units of factories on its land, and factory foundations composed of machinery and equipment (hereinafter “D factories”) in order to secure several recommended loans against C Co., Ltd. (hereinafter “C”), and established six collateral mortgages on August 28, 2013, regarding E factory sites 4,179m2, its ground, factory buildings, and factory foundations consisting of machinery and equipment (hereinafter “E factories”), respectively.
B. The Defendant concluded a credit guarantee agreement with C regarding part of the above loans to the Industrial Bank of Korea, and the Industrial Bank of Korea claimed against the Plaintiff for the performance of the above guaranteed obligations, and the Plaintiff repaid KRW 1,118,271,650 to the Industrial Bank of Korea on February 15, 2017.
C. On February 15, 2017, the Plaintiff and the Industrial Bank of Korea concluded a contract for partial transfer of the right to collateral security (hereinafter “instant transfer contract”) with the Plaintiff on July 30, 2014, which was the amount equivalent to KRW 317,398,962, out of the right to collateral security (the maximum debt amount of KRW 840,00,000,000 with respect to the E factory). On February 15, 2017, the Plaintiff and the Industrial Bank of Korea entered into an additional registration for partial transfer of the right to collateral security (hereinafter “instant transfer contract”).
The terms of the agreement stipulating the order of collection of claims against the above right to collateral security among the transfer agreement of this case are as follows.
Article 2 (Order of Appropriation of Amount Collected) (1) The order of appropriation of the amount of dividends under the above-mortgaged mortgage (including the amount yet to be transferred) shall be as follows:
1. To the debtor of the transferor (creditor) on June 19, 2014, the remaining claims and subordinate obligations as of the dividend date of the guaranteed sub-loan that was partially terminated by the guarantee agreement after the execution of the guaranteed sub-loan (F) on June 19, 2014.