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1. From May 15, 2015 to September 16, 2015, Defendant A paid KRW 29,224,345 among the Plaintiff’s KRW 29,409,866 and the said KRW 29,224,345.
Reasons
1. Basic facts
A. (1) The Plaintiff entered into a credit guarantee agreement with Defendant A on March 14, 2014; the principal of the credit guarantee agreement is KRW 29,00,000; and the period of credit guarantee is from March 14, 2014 to March 14, 2016 (hereinafter “instant credit guarantee agreement”).
(2) On March 14, 2014, the Plaintiff issued a credit guarantee certificate with the principal guaranteed principal amount of KRW 29,00,000, the guarantee term of KRW 29,000, the guarantee term of KRW 20,000, the guarantee term of KRW 203,30,000, and the guarantee term of KRW 3,00,000, at the new bank Gamadong branch (hereinafter “new bank”), and the credit guarantee number C, where the Plaintiff subrogated for the principal and interest of the loan due to his/her failure to perform his/her obligation to repay the loan owed to the lending institution at the time of the instant credit guarantee agreement.
B. On March 17, 2014, Defendant A loaned KRW 29,00,00 as a general loan for business operation through a credit transaction agreement from the new bank. However, on March 18, 2015, the credit guarantee accident occurred as a natural body. On May 15, 2015, the Plaintiff subrogated for KRW 29,289,435 ( principal amount of KRW 29,00,000) at the request of the new bank’s subrogation on May 15, 2015 ( principal amount of KRW 289,435). (2) On May 15, 2015, the Plaintiff offset the unpaid guarantee fee of KRW 65,090 against the Defendant A, and then the current principal was 29,224,345 won (=29,289,435,65,000 from the date of 20,000).
3) After that, the Plaintiff incurred the total amount of KRW 21, 185,500 incurred in preserving, transferring, and exercising the right (i.e., total amount of KRW 434,400 repaid - KRW 248,900), and the total amount of KRW 185,521 incurred. (c) Defendant A, who completed the registration of the establishment of a neighboring mortgage, was an apartment as indicated in the attached Table owned by Defendant A (hereinafter “instant apartment”).