1. From December 7, 2018 to December 28, 2018, Defendant A paid KRW 28,914,560 to the Plaintiff and KRW 27,941,250 among them.

Basic Facts

On March 30, 2016, the Plaintiff entered into a credit guarantee agreement with Defendant A with the Bank of Korea and the Guarantee Party as of April 18, 2019 (hereinafter “instant credit guarantee agreement”) and issued a credit guarantee agreement to Defendant A.

On April 18, 2016, Defendant A issued the credit guarantee certificate and borrowed KRW 87,00,000 from the Industrial Bank of Korea.

Defendant A did not pay the interest of the above loan from September 18, 2018, and eventually, due to the delinquency of the principal and interest of the loan, a guarantee accident under the credit guarantee agreement of this case occurred on October 26, 2018.

On December 7, 2018, the Plaintiff paid KRW 27,941,250 to the Industrial Bank of Korea in accordance with the instant credit guarantee agreement.

In the credit guarantee agreement of this case, where the plaintiff fulfills the guaranteed obligation, the defendant A shall pay damages for delay calculated at the interest rate set by the plaintiff from the date of performance to the date of repayment of the guaranteed obligation, expenses incurred in the performance of the guaranteed obligation, and expenses incurred in the preservation, transfer, and exercise of the right acquired from the performance

Under the above provisions, the interest rate for delay applicable to the credit guarantee agreement of this case is 10% per annum, and the plaintiff paid a total of KRW 973,310 in order to preserve the claim for indemnity against the defendant A.

On September 28, 2018, Defendant B entered into a mortgage agreement with Defendant B to establish a maximum debt amount of 300 million won with respect to an apartment building listed in the attached list owned by Defendant A (hereinafter “instant apartment”) (hereinafter “mortgage agreement”). On the same day, Defendant B entered into a mortgage agreement with the Government District Court’s registry office on September 28, 2018 (hereinafter “instant mortgage agreement”). On September 28, 2018, Defendant B completed a mortgage establishment registration (hereinafter “mortgage creation registration”).

[Ground of recognition] A.