beta
Text
1. The Plaintiff:
A. As to KRW 55,425,244 and KRW 55,424,874 among Defendant A, Defendant A, from July 9, 2015 to August 31, 2015.
Reasons
1. Basic facts
A. On April 18, 2014, Defendant A entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with the Plaintiff on April 18, 2014, setting the guarantee period of KRW 54 million, and the credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) on April 18, 2016. A received a credit guarantee agreement issued under the instant credit guarantee agreement from an enterprise bank as collateral and obtained a loan from the National Housing Fund (hereinafter “instant loan”).
(2) From December 22, 2014, Defendant A caused a credit guarantee accident where the interest on the instant loans were overdue, and the corporate bank claimed against the Plaintiff for the performance of the guarantee liability under the instant credit guarantee. On July 9, 2015, the Plaintiff paid KRW 5,424,874, including the principal, interest, and expenses of the instant loans, to the corporate bank.
(3) Under the instant credit guarantee agreement, the rate of delayed damage to be paid by Defendant A to the Plaintiff pursuant to the credit guarantee agreement is 12% per annum until August 31, 2015, and 8% per annum from the next day, and the amount of delay from the date of subrogation for part of the amount recovered by the Plaintiff from the Defendant A to the date of recovery is 370 won.
B. The Defendants: (1) through a false lease contract, concluded a false lease contract with a financial institution to obtain a loan from a financial institution; (2) Defendant A decided to lease from Defendant B the 2nd floor Down-gu, Busan (hereinafter “instant loan”); and Defendant B prepared a false loan contract with Defendant C, a licensed real estate agent, to lease the instant loan to Defendant A.
(2) Defendant A entered into the instant credit guarantee agreement with the Plaintiff on the basis of a false lease agreement entered into in the following circumstances, and a corporate bank as security, issued pursuant to the instant credit guarantee agreement.