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1. From March 28, 2015 to October 14, 2015, Defendant Gwangju Central Credit Cooperative KRW 20,082,083 and its amount.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the purport of the statements and arguments set forth in Gap evidence 1-2, Gap evidence 2, Eul evidence 1-1, 2, Eul evidence 2-2, and Eul evidence 2-4:
On December 4, 2009, the Plaintiff entered into a credit guarantee agreement with Defendant A with a credit guarantee principal of KRW 20,000,000, and the credit guarantee period from December 4, 2009 to December 4, 2014. On the same day, according to the said agreement, the Plaintiff issued a letter of credit guarantee in the amount of KRW 20,000,000, the guarantee amount of KRW 20,000,000, and the guarantee period of KRW 4, 2014.
B. Defendant A was granted a loan of KRW 20,000,000 from Defendant New Cooperatives in accordance with the above credit guarantee agreement on the same day;
C. On January 5, 2011, Defendant New Cooperatives notified the Plaintiff of a credit guarantee accident due to overdue interest of Defendant A, and on June 16, 201, the Plaintiff subrogated to Defendant New Cooperatives for KRW 20,776,00 (= Principal KRW 20,000,000, including interest of KRW 776,000).
Defendant A paid 694,240 won out of the amount of subrogated payment to the Plaintiff thereafter.
In the appellate court of a claim for reimbursement filed by the Plaintiff against the Defendant on January 30, 2015, the Gwangju District Court dismissed the Plaintiff’s claim on the ground that “The Defendant A did not have any mental ability or intelligence to reasonably determine the meaning or result of the said credit guarantee agreement at the time of concluding the said credit guarantee agreement. Therefore, the said credit guarantee agreement was concluded in a state where the Defendant A’s intent was lacking, and thus, is null and void, and the Plaintiff cannot seek reimbursement for reimbursement pursuant to the said credit guarantee agreement.”
(2014Na51516) 2. Determination
A. The plaintiff is primarily responsible for determining the claim against the defendant A, and the defendant A's reimbursement amounting to 20,776,000 won by subrogation of the plaintiff without any legal ground.