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1. As to KRW 63,267,832 and KRW 62,920,128 among the Plaintiff, Defendant A’s year from March 9, 2017 to May 22, 2017.
Reasons
Basic Facts
On September 29, 2016, the Plaintiff entered into a credit guarantee agreement (hereinafter referred to as “instant credit guarantee agreement”) with Defendant A, who operates an enterprise called “C”, with the content as indicated in the following list of guarantees.
D Defendant A received a loan from a new bank (hereinafter “new bank”) as indicated in the loan content table as follows on October 6, 2016, by issuing a credit guarantee certificate pursuant to the credit guarantee agreement of this case.
In the event that the Plaintiff fulfilled the guaranteed obligation in accordance with the credit guarantee agreement in this case, Defendant A paid the amount of the guaranteed obligation to the Plaintiff and damages for delay at the rate determined by the Plaintiff from the date of the performance of the guaranteed obligation to the date of repayment. The rate of damages for delay determined by the Plaintiff is 10% per annum after February 1, 2016.
Defendant A suspended or discontinued “C” and caused a credit guarantee accident on February 7, 2017, and on March 9, 2017, the Plaintiff paid the money indicated in the table of subrogation to the new bank under the instant credit guarantee agreement.
D The Plaintiff appropriated KRW 455,490, collected on March 9, 2017, as indicated in the table of the balance of the subrogated payment and the statement of damages for delay, for claims for indemnity regarding the credit guarantee agreement in this case. The final delay damages incurred in relation to the aforementioned recovery amount are KRW 124,00,000, and the unpaid balance is KRW 347,580,000, out of the legal procedure expenses incurred by the Plaintiff in order to preserve the claim for indemnity against Defendant A.
D. Meanwhile, on May 9, 2012, Defendant A completed the registration of creation of a neighboring mortgage-holder’s share of the real estate indicated in Section 1 List No. 1 and Section 2 (hereinafter collectively referred to as “real estate No. 1”) as a joint collateral with the maximum debt amount set forth in Section 65,00,000,000 among the real estate and the share of the real estate indicated in Section 1 List No. 1, which was owned by Defendant A, and the debtor A, Defendant A, and the mortgagee of the right to collateral security-based forestry cooperative. On November 10, 2016, Defendant A waives part of the said mortgagee’