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1. As to KRW 26,592,447 and KRW 26,267,787 among the Plaintiff, Defendant A shall be from April 27, 2017 to June 16, 2017.
Reasons
1. On March 31, 2015, the Plaintiff entered into a credit guarantee agreement with Defendant A for a fixed period of KRW 25,50,000,00 in principal of credit guarantee, and until March 30, 2016, and issued a credit guarantee agreement to Defendant A on April 1, 2015; Defendant A obtained a loan from the National Bank of Korea based on the credit guarantee agreement; the Plaintiff obtained a loan from the National Bank of Korea on April 27, 2017, on behalf of Defendant A on behalf of Defendant A, 26,267,787 (i.e., principal interest of KRW 25,50,00) from the National Bank of Korea (i.e., KRW 767,787).
According to the above facts, Defendant A is obligated to pay to the Plaintiff the amount of KRW 26,592,447 (=26,267,787 additional guarantee fees of KRW 290,710) and the amount of subrogated for KRW 26,267,787 (the date of repayment by subrogation) from April 27, 2017 until June 16, 2017 (the date of delivery of a copy of the complaint of this case) and damages for delay calculated at the rate of 12% per annum (the date of delivery of a copy of the complaint of this case) from June 27, 2017 to the date of full payment.
2. Determination as to the claim against the defendant B
A. 1) The Plaintiff’s credit against Defendant A bears the Plaintiff’s liability for reimbursement as seen earlier. 2) As to the real estate listed in the separate sheet on the registration of ownership transfer in the name of the Defendant for the instant real estate (hereinafter “instant real estate”), the registration of ownership transfer in the name of the Defendant was completed on October 18, 2016, No. 26456, which was received on October 17, 2016, with the Jeonju District Court-Eup Branch Branch.
3. At the time of the sales contract between Defendant B and Defendant A, Defendant A had no particular active property other than the instant real estate at the market price of approximately KRW 70,000,000,000. However, as a passive property, Defendant A’s claim for reimbursement against the Plaintiff, KRW 26,592,447, and KRW 22,00,000,000,000,000 to the Defendant.