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1. As to KRW 10,415,961 and KRW 8,495,39 among the Plaintiff, Defendant A shall be from December 18, 2013 to January 10, 2014.
Reasons
1. Basic facts
A. On April 11, 201, Defendant A obtained a loan of KRW 10,00,00 from Sam-si Branch Co., Ltd. (hereinafter “instant loan”), and on the same day, the Plaintiff guaranteed Defendant A’s obligation to repay the principal and interest of the instant loan to Defendant A, by concluding a credit guarantee agreement with Defendant A on the instant loan (hereinafter “the instant credit guarantee agreement”) with regard to the instant loan with Defendant A (hereinafter “instant loan agreement”).
(hereinafter referred to as the “instant guaranteed obligation”) B.
According to the credit guarantee agreement of this case, when the plaintiff fulfilled the guaranteed obligation of this case, the defendant A pays to the plaintiff the amount of subrogation and the delay damages by 12% per annum from the date of subrogation to the date of full payment.
C. On March 6, 2012, Samjin-si Branch Co., Ltd. notified the Plaintiff of a credit guarantee accident on the ground of delinquency in interest on the instant loans by Defendant A. On May 17, 2012, the Plaintiff acquired a claim for indemnity equivalent to the amount of subrogated payment (hereinafter “the claim for indemnity of this case”) against Defendant A by subrogated KRW 10,071,779 in accordance with the instant credit guarantee agreement with the Nonghyup Bank Co., Ltd. on May 17, 2012.
Afterward, Defendant A repaid KRW 3,00,000 to the Plaintiff, and as of December 17, 2013, Defendant A paid the Plaintiff KRW 10,415,961 as of December 17, 2013, the amount of the claim for indemnity of this case is the total amount of KRW 10,415,961 as of December 17, 201.
E. Meanwhile, on February 2, 2012, Defendant A entered into a mortgage agreement with Defendant B, the debtor, and the maximum debt amount of Defendant A with respect to the instant real estate at KRW 30,00,00 (hereinafter “instant mortgage agreement”), and completed the registration of creation of a neighboring mortgage as stated in the purport of the claim against Defendant B (hereinafter “the registration of creation of a neighboring mortgage”).