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1. As regards 99,93,854 won and 97,036,017 won among the Plaintiff, Defendant A shall be from July 15, 2015 to September 30, 2015.
Reasons
1. Basic facts
A. (1) On March 9, 2012, the Plaintiff entered into a credit guarantee agreement and loan (1) with Defendant A, who operated E, with the term “instant credit guarantee agreement” (hereinafter referred to as “instant credit guarantee agreement”) with the period from March 9, 2012 to March 8, 2017.
Defendant A received a loan of KRW 110 million from the National Bank as security a credit guarantee letter issued by the Plaintiff on March 14, 2012.
(2) According to the credit guarantee agreement of this case (hereinafter “the loan of this case”), when Defendant A is unable to repay the loan of this case, the Plaintiff makes a substitute payment, and the Defendant A shall pay the Plaintiff the amount of subrogation and the amount of delay multiplied by the rate determined by the Plaintiff from the date of performance of the guaranteed obligation to the date of repayment, expenses incurred in the performance of the guaranteed obligation, expenses incurred in the preservation and exercise of the right acquired through the performance of the guaranteed obligation, unpaid guarantee fee, delayed guarantee fee, penalty, etc.
B. (1) On March 27, 2015, Defendant A, by subrogation, lost the interest payment of the instant loan due to the delinquency in paying the interest on the instant loan, and on May 11, 2015, the National Bank notified the Plaintiff of the occurrence of the insured event and on July 15, 2015, the Plaintiff subrogated for KRW 97,036,107 pursuant to the credit guarantee agreement of this case to the National Bank.
(2) The Plaintiff’s interest rate for delay as to the amount of subrogated payment is 12% per annum from December 1, 2012, and the legal procedure cost of subrogated payment is 2,310,637 won, the penalty to be additionally paid is 548,870 won, the guarantee fee is 97,750 won, and the delayed guarantee fee is 580 won.
C. (1) The Defendant A concluded a mortgage contract on January 13, 2015 with respect to the real estate listed in Articles 1 and 2 of the Attached Table No. 1 (hereinafter “instant 1 and 2 real estate”) with Defendant B, and completed the registration of establishment of a neighboring mortgage with the F.F. and the maximum debt amount of KRW 25,00,000 on the 14th of the same month.
After that, this case.