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1. As to KRW 12,670,430 and KRW 12,110,302 among the Plaintiff, Defendant A shall be from February 28, 2019 to October 14, 2019.
Reasons
1. Basic facts
A. On August 25, 2015, the Plaintiff entered into a credit guarantee agreement and the said Defendant’s credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) in order to repay the principal and interest of a loan that the Defendant received from D Company D, and Defendant A paid KRW 12,110,302 to D on October 25, 2018, in accordance with the said credit guarantee agreement, when Defendant A delayed payment of the principal and interest of the said loan and caused a guarantee accident. As such, Defendant A paid KRW 560,128,128 to Defendant D on February 28, 2019 pursuant to the said credit guarantee agreement.
Meanwhile, the rate of damages for subrogation performed by the Plaintiff pursuant to the credit guarantee agreement in this case is 10% per annum.
B. On March 2, 2018, Defendant A, including the establishment of a mortgage agreement and the establishment of a mortgage (hereinafter “instant real estate”) among the Defendants, entered into a mortgage agreement with Defendant B with a maximum debt amount of KRW 130,000,000 with respect to the real estate indicated in the attached list as indicated on the said ownership (hereinafter “instant real estate”). On the same day, Defendant B completed the establishment registration of a mortgage (hereinafter “establishment registration of a mortgage”) pursuant to the Daegu District Court No. 35207, which was received by the registry office of the Daegu District Court.
C. 1) On February 25, 2019, E Union filed an application for an auction on the instant real estate on February 25, 2019, with respect to the instant real estate, and the voluntary auction procedure in this Court C (hereinafter “instant auction procedure”).
(2) On November 25, 2019, the Plaintiff was issued a decision to prohibit the disposal of dividends out of the auction case of this case and to prohibit the provisional collection of dividends out of the auction case of this case by Defendant B as the court 2019Kadan36756 on November 25, 2019.
3) The above auction court shall order 354,863,765 won to be actually distributed on the date of distribution on December 19, 2019 to the applicant creditor (the mortgagee).