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1. Defendant A’s KRW 24,836,062 and KRW 23,593,543 among the Plaintiff’s KRW 12% per annum from August 5, 2016 to January 31, 2017.
Reasons
1. Determination as to the claim against Defendant A
A. On July 12, 2012, the Plaintiff entered into a credit guarantee agreement with Defendant A with a credit guarantee principal of KRW 25,500,000,000 and up to July 11, 2013, and issued a credit guarantee certificate with the same content on July 13, 2012 (the Plaintiff extended the credit guarantee term as above, but changed the credit guarantee principal to KRW 2,295,00,00 and the credit guarantee term on July 11, 2016.
(2) Defendant A submitted a credit guarantee, such as the Jeonsung Family Credit Union (hereinafter “former Family Credit Union”) and provided a loan, but did not pay the principal and interest of the loan from April 12, 2016. On August 5, 2016, Defendant A subrogated KRW 23,593,543 in total with the principal and interest 643,543 in the Jeonsung Family Credit Union.
3) Additional guarantee fees calculated by multiplying the guarantee fee rate determined by the Plaintiff pursuant to the above credit guarantee contract by the guarantee fee rate for the guarantee obligation for which Defendant A has not been terminated due to the failure to perform the principal obligation within the credit guarantee period. Furthermore, the credit preservation expenses incurred in relation to the occurrence of the guarantee accident borne by the obligor under the credit guarantee contract are KRW 1,219,890. [Entry in Evidence A 1 through 6 of the grounds for recognition and the purport of the entire pleadings.]
B. According to the above facts of determination, Defendant A is obligated to pay to the Plaintiff the amount of KRW 24,836,062 by subrogation, etc. under a credit guarantee agreement and the amount of KRW 23,593,543 by subrogation, etc., 12% per annum, which is the agreed interest rate from August 5, 2016 to January 31, 2017, which is the delivery date of a complaint, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from February 1, 2017 to the date of repayment.
2. Determination as to claims against Defendant B and C
A. Defendant A, on April 25, 2016, entered into a pre-sale agreement with Defendant B on April 25, 2016 with regard to the sale of, and purchase of, real estate listed in the separate sheet No. 1, 2, 3, and 4 as indicated in the previous district court’s indictment on May 9, 2016.