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1. As to KRW 30,837,831 and KRW 30,429,434 among the Plaintiff, Defendant A shall be from November 26, 2014 to December 30, 2014.
Reasons
1. Facts of recognition;
A. Defendant A, who operates a business establishment called C, entered into a credit guarantee agreement with the Plaintiff around May 2010 as follows, and was loaned from the Bank around May 19, 2010 an amount equivalent to KRW 30 million as a general fund for business operation.
- The date of guarantee: - The amount guaranteed on May 18, 2010 - 30 million won: the term of guarantee: May 15, 2015 - the subject of loans for enterprise driving general funds.
B. On August 22, 2014, as a credit guarantee accident occurred, the Plaintiff subrogated to a bank in an amount equivalent to KRW 30,429,434 of the principal and interest of the loan on November 26, 2014.
C. In the event that the Plaintiff fulfilled the guaranteed obligation against the Defendant A, damages for delay regarding the amount of indemnity shall be 12% per annum from the date of performance to the date of full payment. Of the legal procedure expenses incurred in order to preserve the claim against the Defendant A, the unpaid amount shall be 408,397 won, including the amount of the claim, which the Plaintiff can claim against the Defendant A. 30,837,831 won.
The registration of ownership transfer was completed in the Defendants (each of 1/2 shares) on the grounds of sale on March 22, 2007. Defendant A completed the registration procedure for ownership transfer of his share to Defendant B on the grounds of donation as of May 14, 2014 (hereinafter “instant donation contract”). At the time of the registration of ownership transfer, the market price of the instant real estate is equivalent to KRW 175,000,000,000.
E. As to the instant real estate, Defendant A completed the registration of creation of a mortgage on June 25, 2013, ① the maximum debt amount of KRW 55 million, ② the obligor A, and the collateral security company, ② the registration of creation of a mortgage on the first-class collateral security right, which is a Korean bank, ② the maximum debt amount of KRW 55 million on October 15, 2013, and the debtor A, the obligor A, the collateral security company, and the second-class collateral security company, in the future of the instant bank. At the time of the creation of the instant donation contract, Defendant A had the bank completed the registration of creation of a mortgage on the second-class collateral security right, which is the secured debt