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1. Defendant A’s interest rate of KRW 9,450,353 and KRW 9,408,694 among the Plaintiff shall be from February 10, 2014 to the date of full payment.
Reasons
1. The following facts may be acknowledged in full view of the following facts: (a) there is no dispute between the parties; (b) evidence No. 1 to 6; and (c) evidence No. 1; and (d) the purport of the entire pleadings as a result of the fact inquiry by the Minister of Land,
On April 25, 2012, when the Plaintiff entered into a credit guarantee agreement with Defendant A, which operates a restaurant with the name of “D”, the Plaintiff agreed to be paid the amount of subrogation and the cost of securing claims when the Plaintiff performed the guaranteed obligation by Defendant A. On April 27, 2012, Defendant A issued a credit guarantee certificate with the amount of KRW 10,000,000, in receiving a loan for small and medium enterprise fostering funds from the Gyeongnam Bank Co., Ltd., Ltd. on April 27, 2012.
B. Since July 4, 2013, as a result of the occurrence of a guarantee accident due to the delinquency in paying the principal and interest of loans from around July 4, 2013, the Plaintiff subrogated for KRW 9,520,454 to the Gyeongnam Bank Co., Ltd. on February 10, 2014, recovered KRW 111,760 among the principal and interest of loans by Defendant A, and disbursed KRW 41,659 as expenses for taking measures for preserving claims, the agreement rate after February 10, 2014, which was the date of subrogation, is 12% per annum.
C. Meanwhile, on September 10, 2013, Defendant A concluded the instant mortgage agreement with Defendant B regarding the forest of this case, which is the only real estate of Defendant A, with the maximum debt amount of KRW 280 million, with respect to the forest of this case, which is the only real estate of Defendant A, and concluded the instant mortgage agreement on September 11, 2013.
2. According to the facts of the determination as to the plaintiff's claim against the defendant A, the defendant A is obligated to pay to the plaintiff 9,408,694 won in total (=9,520,454 won-11,760 won in total) and 41,659 won in the expenses for the measures to preserve claims, and the amount of 9,450,353 won in total and the amount of subrogated payment of KRW 9,408,694 in total, which is the agreed rate of 12% in total, from February 10, 2014 to the date of full payment, to the date of payment.
3. Determination as to the Plaintiff’s claim against Defendant B.