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Defendant A’s KRW 24,724,226 and KRW 24,414,245 among the Plaintiff and its KRW 10% per annum from October 21, 2019 to July 23, 2020.
Reasons
1. Basic facts
A. On February 12, 2018, the Plaintiff entered into a credit guarantee agreement with Defendant A on February 11, 2019 (hereinafter “the instant credit guarantee agreement”). When entering into the instant credit guarantee agreement, Defendant A entered into an agreement with the Plaintiff on February 11, 2019 (hereinafter “the instant credit guarantee agreement”). The Plaintiff agreed to pay the Plaintiff the amount of subrogated repayment made by the Plaintiff, the amount of delayed payment, additional guarantee fee, and legal procedure cost determined by the Plaintiff from the date of subrogated repayment to the date of repayment.
B. Defendant A, under the Plaintiff’s credit guarantee, was loaned a loan of KRW 24 million from the LAD on October 22, 2015.
(c)
On June 13, 2019, when Defendant A had an accident of guaranteeing the overdue interest of the above loan, the Plaintiff repaid the loan amounting to KRW 24,414,245 on October 21, 2019 by subrogation, and paid the legal procedure cost of KRW 309,981.
(d)
The rate of delayed damages determined by the Plaintiff for the repayment of the guaranteed debt is 10% per annum from the date of the above subrogation.
E. On June 9, 2019, Defendant A entered into a sales contract (hereinafter “instant sales contract”) with Defendant B on each of the instant real estate listed in the separate sheet (hereinafter “instant real estate”) and completed the registration of ownership transfer on July 8, 2019 (hereinafter “registration of ownership transfer”). At the time of entering into the instant sales contract, Defendant A owned the instant real estate in the amount of KRW 450,222,760, KRW 140,000, KRW 162,200,000 in total, and KRW 300,000,000,000,000,000 won as active property, and Defendant A owned the instant real estate and E-owned land and land buildings in Seo-gu, Seo-gu, Seoul, in the aggregate of loans owed to F unions with small property, and KRW 30,000,000,000 in total,00.