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1. As to KRW 21,339,064 and KRW 21,152,352 among the Plaintiff, Defendant A shall be from August 12, 2019 to May 23, 2020.
Reasons
1. Facts of recognition;
A. On January 30, 2018, the Plaintiff entered into a credit guarantee agreement between Defendant A and Defendant C with respect to the credit guarantee amount of the loan that Defendant A would have to receive from Defendant C Co., Ltd. (hereinafter “Nonindicted Bank”), with the credit guarantee amount of KRW 21,250,000, and with the credit guarantee period of January 20, 2013. Defendant A submitted a guarantee certificate issued by the Plaintiff from Nonparty Bank on January 30, 2018, and received loans of KRW 25,00,000 for general funds.
B. At the time of the conclusion of the credit guarantee agreement in this case, when the Plaintiff fulfilled the above guaranteed obligation, Defendant A agreed to pay to the Plaintiff the amount of the guaranteed obligation, damages for delay calculated by the Plaintiff’s rate of damages for delay from the date of the performance of the guaranteed obligation to the date of full payment of the guaranteed obligation, the additional guarantee fee from the day following the date of the payment of the guaranteed obligation to the day before the expiration of the guaranteed obligation, and all incidental obligations, such as legal procedure expenses, etc., paid by the Plaintiff
Plaintiff
The prescribed rate of delay damages shall be 10% per annum from August 12, 2019, which is the date of subrogation, to the date of payment.
C. On April 23, 2019, Defendant A caused a guarantee accident, such as delinquency in payment of interest on the above loan. The Plaintiff subrogated for KRW 21,562,192 on August 12, 2019 upon the request for performance of the guaranteed obligation of Nonparty A, and thereafter recovered KRW 409,840 from Defendant A.
In addition, the plaintiff paid 186,600 won for the preservation of the indemnity claim, and the fixed damages for delay incurred for 409,840 won partially repaid are 112 won.
On March 11, 2019, Defendant A entered into a donation agreement with Defendant B on the content that the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) which is the only property owned by Defendant B, is donated to Defendant B (hereinafter referred to as “instant donation agreement”), and the Ulsan District Court on the same day.