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1. The contract of donation of deposit for lease concluded on April 23, 2013 between the Defendant and B shall not exceed KRW 90,501,260.
Reasons
1. Facts of recognition;
A. On March 17, 2010, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with EP Construction Co., Ltd. (hereinafter “EAD Construction”), setting the credit guarantee amount of KRW 95,000,000 and the period from March 17, 2010 to March 17, 201. At that time, B, the Defendant jointly and severally guaranteed the obligation, such as indemnity, under the said credit guarantee agreement.
B. Since March 12, 2013, the instant credit guarantee agreement was amended by the terms and conditions of the said guarantee to the extent of KRW 87,400,000 and March 16, 2014.
C. E. E.S. Construction was financed by a small and medium enterprise bank on the basis of the instant credit guarantee agreement, but a credit guarantee accident occurred on January 3, 2014.
Accordingly, on April 3, 2014, according to the credit guarantee agreement of this case, the Plaintiff subrogated 8,789,340 won for the principal and interest of EP construction to the corporate bank.
As of April 21, 2015 near the date of the closing of argument in the instant case, the Plaintiff’s claim for reimbursement, etc. for EP construction until that time (hereinafter “claim for indemnity”) is KRW 88,789,340, such as subrogated payment, KRW 1,635,30, such as legal procedure costs, and KRW 76,620, totaling KRW 90,50,000, such as attempted guarantee fees.
On the other hand, B, on March 2, 2012, leased (hereinafter “instant lease agreement”) from C to March 2, 2012, KRW 180,000,000,000 for lease deposit (hereinafter “instant lease deposit”) and from March 23, 2012 to March 22, 2014, and leased (hereinafter “instant lease agreement”) with the Defendant who is the spouse.
E. On March 12, 2013, B submitted the instant lease agreement to the Plaintiff for the purpose of revising the guarantee conditions of the instant credit guarantee agreement, and the Plaintiff excluded the Defendant from the joint guarantor of the instant credit guarantee agreement at the request of B on March 27, 2013.