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1. As to KRW 29,969,79 and KRW 29,969,69 among the Plaintiff, Defendant A shall be from January 22, 2018 to February 19, 2018.
Reasons
1. Basic facts
A. A party-related Plaintiff is a corporation established to facilitate its financing by guaranteeing obligations of small enterprises, etc. with weak growth potential and good credit standing, and contribute to the revitalization of the regional economy through efficient management and operation of credit information under the Regional Credit Guarantee Foundation Act.
On October 18, 1996, the Defendants raised one child of 1998 by marriage. On July 12, 2017, the Defendants filed an application for divorce, and then divorced on December 24, 2017 through the period of divorce consideration.
B. On September 10, 2015, the Plaintiff entered into a credit guarantee agreement with Defendant A with a credit guarantee principal of KRW 30 million and the credit guarantee period until August 20, 2020, and issued a credit guarantee agreement accordingly.
According to the above credit guarantee agreement, when the plaintiff performs the guaranteed obligation to the lending institution, the defendant A shall pay to the plaintiff the principal of the performance and delayed payment based on the interest rate as determined by the plaintiff in addition to delay damages, fixed damages, attempted penalty, and subrogated payment.
(2) On September 10, 2015, Defendant A borrowed KRW 30 million from C Bank pursuant to the said credit guarantee agreement.
(3) On November 21, 2017, a credit guarantee accident occurred due to Defendant A’s failure to pay the principal and interest of the loan. On January 22, 2018, the Plaintiff subrogated for KRW 30,353,144 ( principal KRW 353,144) pursuant to the credit guarantee agreement.
At the time of January 22, 2018, Defendant A had KRW 383,450,00 for unpaid guarantee fees to the Plaintiff. However, if the amount of subrogation is offset by the amount of subrogation, the amount of subrogation would remain 29,969,694.
(4) The fixed amount of damages under the above credit guarantee agreement was 105 won, and the rate of damages for delay determined by the Plaintiff is 10% per annum from January 22, 2018, which is the date of subrogation.
B. (1) Sale, etc. of the attached list between the Defendants is Daejeon.