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1. As to KRW 37,236,70 and KRW 36,958,779 among the Plaintiff, Defendant A shall be from December 12, 2018 to July 4, 2019.
Reasons
1. Basic facts
A. On May 2, 2017, the Plaintiff entered into a credit guarantee agreement with Defendant A with the end of April 22, 202, including the term of guarantee principal of KRW 17,00,000,000, and credit guarantee agreements with the end of April 22, 202, ② the term of guarantee agreement with the end of August 10, 2017, including the term of guarantee principal of KRW 20,00,000, and the term of guarantee.
(hereinafter “each credit guarantee agreement of this case.” Under each credit guarantee agreement of this case, where the Plaintiff fulfills the guaranteed obligation, Defendant A shall pay to the Plaintiff the amount of the obligation to discharge the guaranteed obligation, the interest rate and calculation method as determined by the Plaintiff, the expenses incurred in the performance of the guaranteed obligation, the expenses incurred in the preservation of the right acquired through the performance of the guaranteed obligation, and compensation for delay calculated by multiplying the Plaintiff’s rate from the date of payment to the date of repayment
From February 1, 2018, the Plaintiff set the interest rate for delay on the claim for indemnity as 10% per annum.
B. Defendant A submitted a credit guarantee certificate issued by the Plaintiff pursuant to the instant credit guarantee agreement to the Industrial Bank of Korea and C, and received a loan from the said financial institution.
After all, the defendant A did not pay interest to the Industrial Bank of Korea, and the principal was in arrears and the guarantee accident occurred.
C. On December 12, 2018, the Plaintiff paid 17,253,163 of the principal and interest of loan to the Industrial Bank of Korea, and 20,407,216 of the principal and interest of loan to C respectively, and paid 277,730 won to compensate for the amount of indemnity due to subrogation.
Defendant A and Defendant B entered into a real estate sales contract with Defendant B on June 18, 2018 with respect to the real estate indicated in the separate sheet (hereinafter “instant real estate”), which is the sole property of Defendant A and Defendant B, and completed the registration of ownership transfer with respect to the instant real estate in the name of Defendant B on June 21, 2018.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 8.