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The Plaintiff
A. Defendant A Co., Ltd.: 127,873,461 won and 127,873,424 won among them, from February 21, 2020 to May 20, 2020
Reasons
1. Facts of recognition;
A. The Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”) on the following terms: (a) and issued a credit guarantee under each of the above credit guarantee agreements to Defendant A; and (b) Defendant A obtained a loan as the security of each of the above credit guarantee agreements:
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B. At the time of the above credit guarantee agreement, Defendant A entered into a claim for reimbursement with the purport that the Plaintiff shall pay the Plaintiff the subrogated repayment and the delayed damages as prescribed by the Plaintiff. Defendant A, the representative director of Defendant A, was jointly and severally guaranteed the Defendant A’s liability for reimbursement under the credit guarantee agreement.
(c)
On November 12, 2019, an accident of guarantee due to overdue interest occurred against Defendant A, and upon the company bank’s request for performance of guarantee obligations, the Plaintiff subrogated to the company bank the total amount of 128,043,323 of the loan principal as stated below.
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D. The interest rate in arrears determined by the Plaintiff was 8% per annum from November 12, 2019 to the date. The Plaintiff recovered KRW 169,899 from Defendant A to the principal of the subrogated repayment, and appropriated it to the principal of the subrogated repayment, and 37 won of the damages for delay in confirmation as to the collected amount.
E. Defendant A owned 5/100 of the vessels listed in the separate sheet (hereinafter “instant vessel”), and Defendant B owned 95/100 of the remainder of 95/100 shares, respectively. On June 2019, the said Defendants agreed to sell the instant vessel to Defendant C and made an oral consultation with Defendant C, and concluded a sales contract by setting the sales amount as KRW 1,100,000 (a separate value-added tax).
F. Defendant C: (a) on August 20, 2019, on the ground of the same day sales contract for the instant vessel (hereinafter “instant sales contract”); and (b) on August 20, 2019, the registration of ownership transfer under the Busan District Court No. 1028 on August 20, 2019 (hereinafter “this case”).