1. As to KRW 44,959,941 and KRW 44,959,702 among the Plaintiff, Defendant A’s annual interest from April 6, 2018 to April 25, 2018.

Basic Facts

Around September 2016, the Plaintiff entered into a credit guarantee agreement with Defendant A (hereinafter “the instant credit guarantee agreement”) with the guaranteed party C Co., Ltd. (hereinafter “C”) and the term of guarantee as of September 6, 2021, and issued a credit guarantee agreement to Defendant A.

Defendant A issued a credit guarantee certificate on September 7, 2016 and borrowed KRW 50,000,000 from C with the working capital of agricultural and food enterprises (hereinafter “instant loan”).

Defendant A did not pay interest on the loan from February 6, 2018.

On April 5, 2018, the Plaintiff paid KRW 45,833,302 to C in accordance with the instant credit guarantee agreement, and recovered KRW 873,60 from Defendant A to appropriate the principal for the amount of indemnity.

In the credit guarantee agreement of this case, when the plaintiff fulfills the guaranteed obligation, the defendant A shall pay damages for delay calculated at the interest rate set by the plaintiff from the date of performance to the date of repayment for the repayment of the guaranteed obligation.

Under the above provisions, the interest rate for delay applicable to the credit guarantee agreement of this case shall be 10% per annum.

On April 14, 2017, Defendant B, including the conclusion of a sales contract, entered into a sales contract with Defendant A with respect to the real estate listed in the separate list owned by Defendant A (hereinafter “instant apartment”) with the purchase price of KRW 160 million (hereinafter “instant sales contract”), and received the registration of ownership transfer on May 2, 2017.

At the time of the conclusion of the instant sales contract, the establishment registration of a neighboring mortgage in the name of D Co., Ltd. (hereinafter “D”) with respect to the instant apartment was completed with respect to the maximum debt amount of KRW 130,200,000,000, and the said establishment registration was cancelled on May 2, 2017, which was after the conclusion of the instant sales contract.

[Ground of recognition] Unsatisfy, Gap's statements in Gap's evidence 1 to 7, and the purport of the whole pleadings against defendant A.