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1. As to KRW 13,107,051 and KRW 12,880,154 among the Plaintiff, Defendant A shall be from October 19, 2017 to November 15, 2017.
Reasons
1. Facts of recognition;
A. On July 29, 2015, the Plaintiff entered into a credit guarantee agreement with Defendant A and a corporate bank, setting the guarantee amount of KRW 2,1250,000,000 and the guarantee term on July 27, 2020.
B. After the occurrence of a credit guarantee accident around August 28, 2017 due to Defendant A’s current account, etc., the Plaintiff subrogated for KRW 12,880,154 to a corporate bank on October 19, 2017 (i.e., principal amount of KRW 12,750,154).
C. At the time of entering into a credit guarantee contract, the Plaintiff and Defendant A paid damages for delay and legal procedure costs on the subrogated payment at the prescribed rate of the Plaintiff. The Plaintiff’s delayed interest rate is 10% per annum, and legal procedure costs are 226,897 won.
On the other hand, on August 16, 2017, Defendant A entered into a mortgage agreement with Defendant B regarding the real estate listed in the separate sheet (hereinafter “instant real estate”) with the maximum debt amount of KRW 70 million, and completed the registration of establishment of a mortgage (hereinafter “registration of establishment of a mortgage”) on the said real estate as Busan District Court’s Busan District Court Registry No. 49105, Aug. 16, 2018.
E. At the time of the conclusion of the aforementioned mortgage contract, Defendant A did not have any particular active property other than the instant real estate, and the small property was in excess of the obligation exceeding the active property.
[Ground of recognition] The entry of Gap evidence Nos. 1 through 4, 8, and 9, the results of fact inquiry into Busan District Office of Busan District and the Korea Credit Information Institute, the purport of the whole pleadings
2. According to the above facts as to the Plaintiff’s claim against Defendant A, Defendant A calculated at the ratio of KRW 13,107,051 (i.e., 12,880,154 legal procedure cost of subrogation and KRW 226,897) to KRW 12,880,154, which is the date of subrogation, to KRW 12,880,154, which is the date of service of a copy of the complaint of this case, from October 19, 2017 to November 15, 2017, which is the date of service of a copy of the complaint of this case, 10% per annum, and 15% per annum under the Act on Special Cases Concerning the Promotion of Legal Proceedings from the next day to the