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1. The Plaintiff:
A. Defendant A’s KRW 55,272,040 and for this, KRW 12% per annum from July 5, 2014 to August 31, 2015.
Reasons
1. Facts of recognition;
A. On June 14, 2013, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant guarantee agreement”) with Defendant A, and the said Defendant, with the content that guarantees KRW 54 million (90%) out of the total amount of KRW 60,000,000,000 for the house lease fund to be loaned from E Co., Ltd. (hereinafter “E”).
B. On June 14, 2013, Defendant A submitted to E a deposit amount of KRW 90 million for lease deposit, apartment lease contract for lessor B, a credit guarantee certificate issued by the Plaintiff, etc., and received KRW 60 million for a deposit account in Defendant B.
C. On July 4, 2014, the Plaintiff paid KRW 55,425,600 out of the Defendant A’s above loans (i.e., the guaranteed principal of KRW 54 million) to E under the said guarantee agreement.
According to the instant guarantee agreement, Defendant A pays to the Plaintiff the subrogated amount and damages for delay in accordance with the interest rate determined by the Plaintiff. The Plaintiff applied the interest rate for delay from September 1, 2015 to 12% per annum.
Defendant C and D, on November 9, 2016, intended to acquire a loan from Defendant A, B, and Workers' Housing Lease Fund at the Suwon District Court, and submitted a false lease contract and a certificate of employment by deceiving E’s employees, thereby deceiving E’s employees, was sentenced to ten months of imprisonment with labor for a crime including a criminal fact.
On April 21, 2017, at the appellate court of the above criminal case in which another case was consolidated and tried, Defendant C was sentenced to one year and two years of suspended execution in imprisonment, and Defendant D was sentenced to two years of suspended execution in eight months, and the above conviction in the same year.
5. 24. Finality was established.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 11 (including paper numbers), the purport of the whole pleadings
2. According to the facts found in the claim against Defendant A, Defendant A shall pay to the Plaintiff KRW 55,425,60, which was repaid by the Plaintiff to E under the instant guarantee agreement, and the agreed rate of 12% per annum from July 5, 2014 to August 31, 2015, which is the following day after the repayment date, and the following day.