A. On January 19, 2018, the Plaintiff entered into a credit guarantee agreement with Defendant A to guarantee the payment of a loan obligation owed by Defendant A to C Bank (hereinafter “the instant credit guarantee agreement”) by setting the credit guarantee principal of the credit guarantee principal as KRW 1,425,00 and the guarantee period as of January 18, 2023.

B. The Plaintiff issued a credit guarantee certificate to Defendant A in accordance with the instant credit guarantee agreement, and the said Defendant was loaned from C Bank on January 19, 2018 with a maturity of KRW 15 million as of January 18, 2023.

C. On October 20, 2018, Defendant A delayed payment of the principal and interest of loan to C Bank, resulting in a credit guarantee accident. On March 22, 2019, the Plaintiff subrogated to C Bank totaling KRW 12,595,139, in accordance with the instant credit guarantee agreement.

At the time of the conclusion of the instant credit guarantee agreement, the Plaintiff and Defendant A agreed to reimburse expenses incurred by Defendant A in relation to the amount of the guaranteed obligation performance and the preservation, transfer, exercise, etc. of the rights acquired by the Plaintiff as a result of the performance of the guaranteed obligation, and damages for delay at the interest rate

The interest rate determined by the Plaintiff is 10% per annum from the date of the above subrogation to the date of June 25, 2019, 331,269 won for delay damages incurred until June 25, 2019, and 134,356 won for enforcement preservation expenses incurred by the Plaintiff.

E. On October 10, 2018, Defendant A concluded a mortgage agreement with the mortgagee B, Defendant A, and the maximum debt amount of KRW 40 million with respect to the real estate indicated in the separate sheet (hereinafter “instant real estate”), which is the only real estate owned by Defendant B and his owner, (hereinafter “instant real estate”). On the same day, Defendant B concluded a mortgage agreement with the mortgagee B, Defendant A, and Defendant B completed the registration of establishment of a collateral security (hereinafter “the registration of establishment of a collateral security”) on the same day.

[Reasons for Recognition] Defendant A: Article 208 of the Civil Procedure Act of deemed confession.