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1) Defendant A shall pay to the Plaintiff KRW 31,648,40 and KRW 30,837,320 among them, from July 21, 2015 to August 17, 2015.
Reasons
1. Basic facts
A. On March 31, 2010, the Plaintiff entered into a credit guarantee agreement between the Plaintiff and the Defendant A with regard to the monetary obligation to be loaned by the Industrial Bank of Korea by Defendant A, setting the term of guarantee as KRW 30,000,000, and the term of guarantee as of March 31, 201 (which shall be extended to March 27, 2015), and issued a credit guarantee agreement to the Industrial Bank of Korea on the same day.
(2) On March 31, 2010, the Industrial Bank of Korea extended a loan (hereinafter “instant loan”) to Defendant A, who operated the said credit guarantee agreement as collateral, with the title of the account as a small and medium enterprise loan, with the credit amount of KRW 30,000,000, with the funds for purchase of steel products and scrap iron, setting the due date as March 1, 201 (hereinafter “instant loan”).
(3) Article 5(1)1 and 2 of the Credit Guarantee Agreement provides that a prior right to indemnity shall accrue to the Plaintiff when the Defendant A breached the principal obligation or when the attachment, provisional attachment, provisional attachment, provisional disposition or application for auction is filed against the Defendant A.
However, on October 29, 2014, the attachment registration of Gyeyang-gu Incheon Metropolitan City (the pertinent tax 553,720 won) was made with respect to the real estate indicated on the attached real estate owned by the Defendant A (hereinafter “the apartment of this case”), and Defendant A delayed payment of interest on the loan of this case from December 3, 2014.
(4) On July 21, 2015, the Plaintiff subrogated for KRW 30,837,320 to the Industrial Bank of Korea. The Plaintiff’s obligation owed to Defendant A is KRW 31,648,400 (i.e., subrogation payment of KRW 30,837,320 for substitute payment of KRW 631,50 for substitute payment of KRW 631,50 for substitute payment of KRW 179,580).
(5) The credit guarantee agreement under paragraph (1) includes a payment of damages at the interest rate determined by the Plaintiff from the date of performance to the date of repayment when the Plaintiff performed the guaranteed obligation. The interest rate determined by the Plaintiff is 12% per annum from June 1, 2015.
B. As to the instant apartment, Defendant A’s act of establishing the right to collateral security with Defendant A, the maximum debt amount between Defendant B and the Defendant B on July 13, 2014, is KRW 96,00,000.