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1. From December 27, 2013 to July 28, 2014, Defendant A paid KRW 10,906,495 to the Plaintiff out of KRW 11,226,965 and the above amount.
Reasons
1. Facts of recognition;
A. On October 4, 2011, the Plaintiff entered into a credit guarantee agreement between Defendant A and Defendant A on the debt to be borne by Defendant A with a loan from Nonparty A, with respect to the credit guarantee amount to be borne by Defendant A, the insured entered into a credit guarantee agreement with the new bank, the credit guarantee limit amount of KRW 15,00,000, and the guarantee period until October 4, 2016.
(hereinafter “instant credit guarantee agreement”). (b)
Defendant A was loaned KRW 15,00,000 from a new bank as security the instant credit guarantee letter.
C. Around November 20, 2013, Defendant A caused an accident of providing a guarantee due to the loss of the interest due to the delayed payment of principal due to the repayment of principal. Accordingly, on December 27, 2013, the Plaintiff subrogated the principal and interest amount of KRW 11,303,345 to a new bank, and recovered KRW 396,850 on the same day.
The plaintiff paid KRW 326,700 to preserve the claim for reimbursement, and recovered KRW 6,230.
E. The interest rate on arrears determined by the Plaintiff is 15% per annum.
F. On the other hand, on June 18, 2013, Defendant A sold the real estate listed in the separate sheet (hereinafter “instant real estate”) to Defendant B for KRW 85,00,000 (hereinafter “the instant sales contract”), and on July 2, 2013, Defendant B completed the registration of ownership transfer as heading under Article 46512 of Suwon District Court’s receipt registry office for Sungwon-nam branch of Sungwon District Court.
[Grounds for Recognition: Evidence Nos. 1 through 11, Evidence Nos. 8 and 9, the purport of the whole pleadings]
2. According to the facts of the determination as to the claim against the defendant A, the defendant A shall pay to the plaintiff the total amount of KRW 11,226,965 (10,906,495 won 11,303,345 won - 396,850 won - KRW 320,470 won - 326,70 won - 6,230 won from the date of subrogation for the principal 10,906,495 won from December 27, 2013 to July 28, 2014, the agreement rate of KRW 15% per annum from the next day until September 30, 2015, and KRW 20% per annum prescribed by the Special Act on Promotion, etc. of Litigation until September 30, 2015, and KRW 15 per annum.