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1. Defendant A’s KRW 9,829,439 and KRW 9,630,629 among the Plaintiff and KRW 12% per annum from August 19, 2016 to December 5, 2016.
Reasons
1. Factual basis
A. On July 29, 201, the Plaintiff entered into a credit guarantee agreement with Defendant A to guarantee loans to the Nonghyup Bank (hereinafter “the instant guarantee agreement”) on July 27, 2012, with a fixed amount of KRW 10,000,000 (the amount shall be changed to KRW 9,50,000,000) and on July 27, 2012 (the period shall be extended to July 22, 2016). According to the agreement, where the Plaintiff subrogated for the principal and interest due to a credit guarantee accident, such as delinquency in the payment of principal and interest, etc., the Defendant A paid the Plaintiff the amount by subrogation, delayed payment pursuant to the interest rate determined by the Plaintiff (12%) from the date following the expiration date of subrogation, delayed payment pursuant to the rate determined by the Plaintiff (1.5% per annum), and the legal procedure costs incurred by the Plaintiff for securing indemnity bonds.
B. On July 29, 201, Defendant A granted a loan of KRW 10,00,000 from the Nonghyup Bank, and thereafter changed the loan to KRW 9,50,000. On April 28, 2016, Defendant A delayed payment of interest.
On June 23, 2016, the Plaintiff subrogated for the principal and interest of loans of KRW 9,630,629 (principal principal of KRW 9,500,000, interest KRW 130,629) on August 19, 2016 after receiving notice of a credit guarantee accident from the Nonghyup Bank, and subsequently filed an application for provisional disposition of prohibition of real estate disposal with the Changwon District Court’s Jinju Branch Branch’s 2016Kadan10452 to preserve the claim for indemnity, and paid KRW 18,270 at its expense.
C. On March 22, 2016, Defendant A entered into a donation agreement with Defendant B (hereinafter “instant donation agreement”) with respect to each real estate listed in the separate sheet Nos. 1 and 2, and completed the registration of ownership transfer to Defendant B with the Changwon District Court No. 4468, Apr. 6, 2016.
Defendant A entered into a sales contract with Defendant C (hereinafter “instant sales contract”) with a prior knowledge of each real estate listed in the separate sheet Nos. 3 and 4 on March 22, 2016, and received on April 6, 2016 from the Changwon District Court of Korea.