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1. The defendant shall pay to the plaintiff KRW 12,919,669 as well as the interest rate from the day following the day this judgment becomes final and conclusive to the day of complete payment.
Reasons
1. Basic facts
A. On June 1, 2017, the Plaintiff’s Intervenor entered into a credit guarantee contract with C (hereinafter “C”) and C (hereinafter “D”) with respect to obtaining a loan from D (hereinafter “D”), and entered into a credit guarantee contract with the principal of the credit guarantee until May 27, 202. The Plaintiff, as the representative director of C, guaranteed the said credit guarantee obligation against the Plaintiff’s Intervenor as the Plaintiff’s assistant director.
B. On October 21, 2019, C submitted a credit guarantee statement issued by the Plaintiff’s Intervenor to D and received the loan from D as collateral. D notified the Plaintiff’s Intervenor of the credit guarantee accident on the ground of delinquency in the principal and interest of C. 2,939,979 won (i.e., principal and interest of the loan amount of KRW 12,896,00) on January 29, 2020.
After that, the plaintiff's supplementary intervenor recovered 20,315 won from C to appropriate it for recovery of the amount of subrogated payment, and the delay of finalized damages incurred therefrom is five won.
C. 1) On October 31, 2019, the Plaintiff entered into the instant sales contract with the Defendant, the mother on October 31, 2019, real estate indicated in the separate sheet in the name of the Plaintiff (hereinafter “instant real estate”).
2) As to the sales contract, the sales contract amounting to KRW 157,500,000 (hereinafter “instant sales contract”).
(2) On November 8, 2019, at the time of concluding the instant sales contract, the instant real estate was set up a collateral security (E) which was the maximum debt amount of KRW 109,670,00,000, and the Plaintiff and the Plaintiff Company E (hereinafter “E”) with respect to the instant real estate. On November 8, 2019, the said collateral security was repaid with KRW 94,50,000,000, and the said collateral security registration was revoked.
The defendant shall pay the maximum debt amount of 113,40,000 won and the debtor on the same day.