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1. As to KRW 12,522,093 and KRW 12,463,771 among the Plaintiff, Defendant A shall be from July 21, 2018 to October 11, 2018.
Reasons
1. Basic facts
A. On March 22, 2017, the Plaintiff entered into a credit guarantee agreement with Defendant A (Trade Name): (a) (hereinafter “instant credit guarantee agreement”); and (b) Defendant A was loaned KRW 30,000,000 upon the said credit guarantee agreement from D Bank on March 24, 2017.
B. Around April 19, 2018, D Bank notified the Plaintiff of the occurrence of the “credit guarantee accident (natural body) of February 27, 2018,” and the Plaintiff subrogated KRW 13,460,911 to D Bank on July 4, 2018 in accordance with the instant credit guarantee agreement.
Accordingly, the principal and interest on the indemnity under the instant credit guarantee agreement is KRW 12,522,093 as of July 20, 2018 (i.e., 12,463,771 won by subrogation) (=12,463,771 won by subrogation), and the agreed interest rate for delay after July 21, 2018 is 12% per annum.
C. On December 22, 2017, Defendant A sold real estate listed in the separate sheet owned by Defendant B (hereinafter “instant real estate”) to Defendant B for KRW 5,10,000,000 in the purchase price.”
(D) Upon concluding the instant sales contract, Defendant B entered into a sales contract with E and F to sell the instant real estate in KRW 523,00,000 on January 17, 2018, and completed the registration of ownership transfer on April 30, 2018. E at the time of entering into the instant sales contract, Defendant A was the sole real estate and was in excess of the positive property. At the time of the conclusion of the instant sales contract, Defendant A was in excess of the positive property, and was in excess of the positive property. [The each entry of evidence Nos. 1 through 7, the inquiry results of the court’s fact-finding, the purport of the entire pleadings, and the purport of the entire pleadings.
2. According to the above basic facts as to the claim against Defendant A, Defendant A shall pay to the Plaintiff the principal and interest of KRW 12,522,093 under the credit guarantee agreement of this case and the principal of KRW 12,463,71 among them, 12% per annum under the agreement from July 21, 2018 to October 11, 2018, the delivery date of a copy of the complaint of this case, from July 21, 2018, and the next day.