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1. As to KRW 54,314,680 and KRW 54,314,523 among the Plaintiff, Defendant A shall be from December 8, 2017 to March 26, 2019.
Reasons
1. Facts of recognition;
A. On May 8, 2015, the Plaintiff entered into a credit guarantee agreement with Defendant A with the term of 76,50,000,000 of the guaranteed principal and the term of May 8, 2020 (hereinafter “the instant credit guarantee agreement”). Defendant A obtained a loan of KRW 90,000,000 from C Bank on the same day as the said credit guarantee was secured.
B. According to the credit guarantee agreement of this case, when the plaintiff performs the guaranteed obligation, the defendant A shall reimburse the plaintiff with the amount of subrogation, delay damages in accordance with the ratio set by the plaintiff, expenses incurred in the performance of guaranteed obligation, and expenses incurred in the preservation, transfer, and exercise of the right acquired through the performance of the obligation. When the plaintiff is requested by the creditor of the credit guarantee agreement of this case for the notification of the credit guarantee accident or the performance of guaranteed obligation
C.1) around August 9, 2017, Defendant A lost the benefit of time due to delay in the payment of the loan principal to C Bank. On September 4, 2017, C Bank notified the Plaintiff of the occurrence of a credit guarantee accident on the ground that C Bank has lost its benefit of time as above. (2) On December 8, 2017, the Plaintiff subrogated to C Bank for KRW 54,994,69 in accordance with the instant credit guarantee agreement, and the interest rate for delay determined by the Plaintiff is 10% per annum from December 8, 2017, the date of subrogation, to December 8, 2017.
3) Since then, the Plaintiff recovered KRW 680,176 from Defendant A to the extent that the amount of subrogation is KRW 54,314,523, and the amount of finalized damages for the amount of recovery is KRW 157. D. The Defendants jointly operated a private teaching institute after marriage on October 31, 1996, and reported the divorce on June 9, 2015, and thereafter, on June 18, 2015, the agreement on division of property with the purport that Defendant B owns the instant real estate registered under Defendant A’s name and bears obligations for the instant real estate (hereinafter “instant agreement on division of property”).
On July 2, 2015, Defendant A transferred the ownership of the instant real estate to Defendant B (hereinafter referred to as “instant real estate”).