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1. As to KRW 33,655,713 and KRW 33,394,439 among the Plaintiff, Defendant A shall be from December 29, 2016 to August 23, 2017.
Reasons
1. Facts of recognition;
A. On October 23, 2014, the Plaintiff entered into a credit guarantee agreement and a loan1) with Defendant A with a credit guarantee agreement with the term of October 28, 2019 (hereinafter “instant credit guarantee agreement”).
Defendant A entered into a credit guarantee agreement issued by the Plaintiff as collateral, and Defendant A loaned KRW 16,00,000 from Han Bank on October 27, 2014 (hereinafter “instant one loan”).
(2) On April 17, 2015, the Plaintiff entered into a credit guarantee agreement with Defendant A (hereinafter “instant credit guarantee agreement”) with the term of April 20, 2020, wherein the guaranteed principal was KRW 20,000,000, and the term of guarantee was April 20, 2020. Defendant A borrowed KRW 20,000,000 from Han Bank as collateral on the credit guarantee agreement issued by the Plaintiff.
(B) According to the credit guarantee agreement in this case 1 and 2, when the Plaintiff performed its guaranteed obligation, the Defendant A provided that the Plaintiff shall repay all incidental obligations, such as the amount paid by the Plaintiff to the Plaintiff for the performance of the guaranteed obligation, the amount of subrogated payment at the rate of damages as determined by the Plaintiff from the date of payment to the date of full payment of the amount of the guaranteed obligation, and the legal procedure expenses, etc. incurred by the Plaintiff in order to execute or compensate for the Plaintiff’s right. (B) The occurrence of a credit guarantee accident and subrogation 1) the Defendant A began to delay the interest payment of the instant loans 1 and 2 from May 20, 2016, and from June 27, 2016, the Bank notified the Plaintiff of the insolvency credit guarantee on November 28, 2016.
2) Accordingly, the Plaintiff, pursuant to the Credit Guarantee Agreement on December 29, 2016, pursuant to the instant credit guarantee agreement, on December 29, 2016, 33,987,449 won (i.e., KRW 13,965,187,182,262 on behalf of the Defendant A for the payment of KRW 593,010 on the same day, and the amount of payment by subrogation remains 33,394,439 won.