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1. As to KRW 9,863,158 and KRW 9,532,958 among the Plaintiff, Defendant A’s year from September 12, 2016 to October 20, 2016.
Reasons
1. Basic facts
A. On July 16, 2012, the Plaintiff entered into a credit guarantee agreement between Defendant A and the principal guaranteed amount of KRW 30,000,000,00, and the term of guarantee as of July 14, 2017, and provided credit guarantee within the scope of the said credit guarantee agreement as to the principal and interest to be borne by Defendant A with a loan from a new bank Co., Ltd. (hereinafter “Nonindicted Bank”) by issuing a credit guarantee certificate to Defendant A.
B. Upon entering into the above credit guarantee agreement, the Plaintiff and Defendant A agreed to pay the Plaintiff the amount paid by the Plaintiff for the performance of the guaranteed obligation and damages for delay at the rate set by the Plaintiff from the date of subrogation to the date of repayment, ② the expenses paid by the Plaintiff for the performance of the guaranteed obligation, ③ the expenses paid by the Plaintiff for the preservation, transfer and exercise of the right acquired by the performance of the guaranteed obligation, ④ the unpaid guarantee fee, additional guarantee fee, and overdue charge.
C. On June 30, 2015, Defendant A, upon closure of business, was liable to the Plaintiff for advance reimbursement, and the Plaintiff was discharged the guaranteed liability by subrogation of KRW 9,532,958 on September 12, 2016 due to the Plaintiff’s failure to pay the principal and interest of the loan, despite having lost the benefit of time due to the said loan.
In addition, the Plaintiff failed to recover KRW 330,200 out of the legal procedure costs incurred to preserve the above claim for reimbursement, and the rate of delay damages determined by the Plaintiff with respect to the amount of subrogation is 12% per annum from the date of subrogation until the date of payment.
On the other hand, on April 21, 2016, Defendant A entered into a mortgage agreement with Defendant B, which provides for maximum debt amount of KRW 52 million (hereinafter “instant mortgage agreement”) with regard to the real estate listed in the separate sheet (hereinafter “instant real estate”), which is the only property of Defendant B as the only property, and registered the establishment of the mortgage under Defendant B’s name on April 22, 2016.