beta
Text
1. Defendant A’s KRW 399,776,843 and KRW 243,765,582 among the Plaintiff and KRW 153,586,720 from September 20, 2016.
Reasons
1. Basic facts
(a) A loan bank with the amount guaranteed as of the date of guarantee guarantee for the loan guaranteed by Defendant A and the amount guaranteed as of the date of guarantee for the loan guaranteed by Defendant A, ① A bank with the amount guaranteed as of July 15, 201,
(2) The National Bank (hereinafter “National Bank”)
(2) In receiving each loan from each other, each credit guarantee agreement under each of the following table (hereinafter referred to as the “each of the credit guarantee agreements of this case”) shall be made to secure the repayment of the principal and interest of the loan:
(2) According to each credit guarantee agreement of this case, if the Plaintiff fulfilled the guaranteed obligation, the Defendant A shall pay to the Plaintiff the amount of the performance of the guaranteed obligation, the amount of payment by subrogation (the expenses incurred in the preservation, transfer, and exercise of the right acquired through the performance of the guaranteed obligation), and the damages for delay and the penalty calculated at the rate of 10% per annum from the date of repayment to the date of repayment. (2) Under each credit guarantee agreement of this case, the Defendant A received each credit guarantee instrument issued by the Plaintiff to the said bank as collateral from the said bank as described in the said table.
B. Loans to Defendant A by the Plaintiff’s subrogation and substitute payment bank were extended on May 25, 2016, and loans to Defendant A by the National Bank were extended on June 1, 2016.
Accordingly, on September 20, 2016, the Plaintiff subrogated 153,586,720 won to the National Bank on September 20, 2016, and 153,586,720 won to the New Bank on September 30, 2016, and disbursed 739,141 won by subrogation to preserve the rights acquired as a result of the performance of guaranteed obligation, and paid 1,685,40 won as penalty under the credit guarantee agreement of this case.
C. Defendant A, who established and traded the Defendants’ right to collateral security, is the Defendant A.