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1. Paragraph 2 of the order of the first instance judgment, including the plaintiff's claim extended by this court, is as follows.
Reasons
1. Basic facts
A. The Plaintiff entering into a credit guarantee agreement and a loan agreement is a non-profit special corporation established for the purpose of contributing to the development of the national economy by facilitating the financing of the company by guaranteeing the debt of the company which lacks security capability.
A Co., Ltd. (hereinafter referred to as “A”) is a company established for the purpose of manufacturing, distributing, and selling household goods, and B is an internal director of A.
As of August 30, 2016, the Plaintiff entered into a credit guarantee agreement and a credit guarantee agreement with the guarantee period of KRW 297,000,000 as of August 29, 2017, and a credit guarantee agreement with the guarantee period of KRW 240,00,000 as of August 29, 2017 (hereinafter “the instant credit guarantee agreement”), respectively, and B jointly and severally guaranteed the repayment obligation under the instant credit guarantee agreement.
Under the instant credit guarantee agreement, the agreed interest rate on delay damages was agreed to be set in consideration of the interest rate on overdue loans of financial institutions within the scope prescribed by the law. The Plaintiff set the agreed interest rate on delay damages from February 1, 2016 as 10% per annum.
The Plaintiff issued a letter of credit guarantee to A in accordance with the instant credit guarantee agreement, and A provided each of the above credit guarantee agreements as security and borrowed a loan from D Co., Ltd. (hereinafter “D Bank”).
B. The occurrence of a credit accident, and the Plaintiff’s subrogation, from January 13, 2017, due to delinquency in paying the principal and interest of loan to the D Bank, lost the benefit of due date. On May 23, 2017, the Plaintiff repaid the principal and interest of loan to D Bank in subrogation of A, and thereafter, paid KRW 1,046,980 to A, and paid KRW 286.
C. On January 10, 2017, B, including a sales contract for real estate listed in the separate sheet between B and the Defendant, concluded a contract to sell real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant for KRW 130,000,000 (hereinafter “instant contract”).