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1. As to KRW 43,839,526 and KRW 43,189,371 among the Plaintiff, Defendant A’s year from February 23, 2017 to September 8, 2017.
Reasons
1. Basic facts
A. On November 6, 2013, the Plaintiff entered into a credit guarantee agreement with Defendant A for a loan from Defendant A, and accordingly, issued a credit guarantee agreement on November 25, 2014 with respect to a new bank on the principal of the guarantee, KRW 49.3 million, and the term of the guarantee.
Sheet Defendant A received a loan from the new bank on November 26, 2013 on November 25, 2014 when the due date for payment of KRW 58 million was due.
Fidelity Credit Guarantee Agreement was amended on November 21, 2014 to November 25, 2015, and the guarantee period was changed to November 25, 2015. On November 25, 2015, the guarantee period was changed to KRW 42.5 million and the guarantee period was changed to November 25, 2016.
An occurrence of a credit guarantee accident on August 16, 2016, Defendant A lost the benefit of time due to a loan obligation to a new bank. The Plaintiff subrogated to the new bank on February 23, 2017, for the principal and interest of Defendant A (= Principal KRW 43,189,371) (= Principal KRW 42,500,000).
(v) Meanwhile, on the other hand, the rate of delay damages determined by the Plaintiff pursuant to the said credit guarantee agreement was 10% per annum from February 23, 2017, which was the date of payment of the guarantee fee, until the end, and from November 26, 2016, the following day before February 22, 2017, 186,530 won (i.e., 42.5 million won x 1.8/100 x 89/365 : 10 won) of the guaranteed principal for 89 days from February 22, 2017, which was the date following the payment of the guarantee fee. The Plaintiff spent 463,625 won by subrogation to preserve the claim for indemnity under the said credit guarantee agreement.
B. On October 11, 2016, Defendant A entered into a contract to sell 1,912 square meters (hereinafter “instant real estate”) to Defendant B (hereinafter “instant contract”) in lieu of performing his/her obligation to Defendant B with respect to the instant real estate (hereinafter “instant real estate”). Accordingly, on the same day, Defendant B entered into the ownership transfer registration on the instant real estate.
Dor. Dor.