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1. As to KRW 29,963,319 and KRW 29,948,592 among the Plaintiff, Defendant A shall pay to the Plaintiff the year from March 25, 2014 to August 5, 2014.
Reasons
1. Comprehensively taking account of the purport of the argument as to the Plaintiff’s claim against Defendant A, the following facts: (a) the Plaintiff entered into a credit guarantee agreement with Defendant A on March 20, 2012; (b) issued a credit guarantee certificate of KRW 30,00,000 of the guaranteed principal; and (c) obtained a loan of KRW 30,00,000 from the Industrial Bank of Korea as security; (d) Defendant A obtained a credit guarantee certificate of KRW 30,00,000 from the Industrial Bank of Korea; (e) Defendant A obtained a credit guarantee certificate of KRW 30,00,000 from the Industrial Bank of Korea as security; and (e) Defendant A paid KRW 30,145,208 on November 21, 2013 to the Industrial Bank of Korea on March 25, 2014; and (d) the amount of damages determined by the Plaintiff as at March 24, 2014 to be paid as KRW 2014,294,297.21.
According to the above facts of recognition, Defendant A is obligated to pay to the Plaintiff 29,963,319 won (=29,948,592 won 3,290 won) and 29,948,592 won among them, 12% per annum from March 25, 2014 to August 5, 2014, and 20% per annum from the next day to the date of full payment.
2. Determination as to the plaintiff's claim against the defendant B
A. In order to avoid compulsory execution based on the Plaintiff’s claim for reimbursement, Defendant A entered into a mortgage agreement with Defendant B on August 30, 2013 regarding the real estate indicated in the attached list (hereinafter “instant real estate”) with the maximum debt amount of KRW 9,600,00 with the Defendant on August 30, 2013 (hereinafter “instant mortgage agreement”). On August 30, 2013, Incheon District Court Decision No. 60225, North Incheon District Court’s receipt of August 30, 2013, thereby causing the shortage or loss of joint security.
The contract to establish a mortgage of this case must be revoked as a fraudulent act, and the defendant B shall transfer the claim to the defendant A as stated in the separate sheet.