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Defendant A’s KRW 14,974,413 as well as its annual 10% from October 11, 2019 to June 10, 2020, and the following.
Reasons
1. Basic facts
A. On August 16, 2016, the Plaintiff entered into a credit guarantee agreement with Defendant A as of July 20, 2021, on the credit guarantee principal amounting to KRW 20 million and the guarantee term, in order to guarantee the repayment of the principal and interest of loans to Defendant C Co., Ltd.
(hereinafter “instant credit guarantee agreement.” When entering into the instant credit guarantee agreement, Defendant A agreed to pay the Plaintiff the amount of subrogation paid by the Plaintiff to the Plaintiff and the damages for delay in accordance with the rate determined by the Plaintiff from the date of subrogation to the date of repayment, the legal procedure cost incurred by the Plaintiff in order to enforce or preserve its rights, additional guarantee fee, etc.
B. Defendant A submitted a letter of credit guarantee issued by the Plaintiff under the instant credit guarantee agreement and borrowed KRW 20 million from C Co., Ltd. on August 16, 2016.
C. On May 21, 2019, Defendant A’s delay in payment of principal and interest, caused a guarantee accident that has lost the benefit under the above loan contract, the Plaintiff subrogated KRW 15,117,60 to C Co., Ltd. on October 11, 2019, and collected KRW 143,247 from Defendant A on the same day.
The rate of damages for delay determined by the Plaintiff for the subrogation of the guaranteed debt shall be 10% per annum from the date of the subrogation.
E. On November 29, 2018, Defendant A concluded a mortgage agreement of KRW 60,000,000 with respect to the real estate indicated in the separate sheet, which is the only property of Defendant B, as indicated in the separate sheet, with Defendant B (hereinafter “instant mortgage agreement”) and completed the registration of the establishment of the neighboring mortgage as the receipt of No. 49633, Nov. 30, 2018 at the Cheongju District Court Branch.
(hereinafter referred to as “the establishment registration of a neighboring district of this case”). [The ground for recognition] does not dispute, entry of Gap 1 through 9, and all pleadings.