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1. As to KRW 90,976,836 and KRW 90,706,106 among the Plaintiff, Defendant A’s year from September 22, 2016 to December 27, 2016.
Reasons
1. Basic facts
A. (1) The Plaintiff and Defendant A entered into a credit guarantee agreement with the Plaintiff on July 24, 2013 (hereinafter “instant credit guarantee agreement”) with Defendant A, the guaranteed principal of KRW 90,00,00, and the guarantee period of KRW 90,000, from July 24, 2013 to July 23, 2014 (hereinafter “instant credit guarantee agreement”).
(2) According to the instant credit guarantee contract, when the Plaintiff performed the guaranteed obligation under a contract, the Defendant A is obliged to pay the Plaintiff the amount of the subrogated payment and the damages for delay at the rate determined by the Plaintiff from the date of subrogation to the date of full payment of the amount of the reimbursement for reimbursement. Meanwhile, when the Defendant A received the disposition of suspension of current account transactions, the disposition of suspension of credit guarantee accidents, etc., the Plaintiff is entitled to indemnify the Plaintiff A in advance without any separate notice or peremptory notice against the Defendant A.
3) On July 24, 2013, Defendant A is the Yongsan City branch of the Bank of Korea (hereinafter “Korea Bank”).
(4) On September 22, 2016, the Plaintiff paid 90,706,106 won to a bank for Defendant A for the remainder of payment due to the occurrence of a penalty for attempted payment of KRW 270,730,00 (=90,706,106 + KRW 270,730) due to the occurrence of a penalty for attempted payment of KRW 90,976,836,00,00 (=90,706,106 + KRW 270,730).
5) The rate of damages for delay determined by the Plaintiff is 10% per annum from February 1, 2016. B. The Defendant’s financial status and the bonds listed in the separate sheet (hereinafter “instant bonds”).
(1) Defendant A and his wife Defendant B (hereinafter collectively referred to as the “Defendants”) are registered with the Seoul Southern District Court on October 15, 2008 with respect to the apartment Nos. 205 (hereinafter referred to as the “instant apartment”) of Gangseo-gu Seoul Metropolitan Government D apartment No. 101 and 205.