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1. As to KRW 42,917,608 and KRW 42,592,819 among the Plaintiff, Defendant A’s year from January 21, 2019 to February 14, 2019.
Reasons
1. Basic facts
A. According to the above credit guarantee agreement entered into between the Plaintiff and the Defendant on June 1, 2017, Defendant A entered into a credit guarantee agreement with the Plaintiff on the guarantee number E 42.5 million won, and the term of guarantee on May 20, 2022, and 50 million won from the FJ branch. (2) According to the above credit guarantee agreement entered into between the Plaintiff and the Defendant, the Plaintiff bears the guaranteed liability in the case of Defendant A’s borrowing from the financial institution. If the Plaintiff is to discharge the guaranteed liability to the financial institution, the Defendant: (i) the amount repaid by the Plaintiff to the financial institution; (ii) the amount paid by the Plaintiff to the Plaintiff for the purpose of preserving or executing the claim for reimbursement; (iii) the amount paid by the Plaintiff to the Plaintiff from the payment date to the full payment date of the indemnity obligation; (iv) the amount calculated by multiplying the Plaintiff’s guaranteed liability by the annual rate of 15% for the remainder of the guaranteed liability from the date following the expiration date of the guarantee obligation; and (v) the annual rate of 20%.
3) On July 31, 2018, Defendant A caused a credit guarantee accident due to the registration of credit management information (including default of national taxes). On January 21, 2019, the Plaintiff subrogated to F amounting to KRW 42,592,819. 4) The Plaintiff’s credit amount based on the said credit guarantee contract against Defendant A is KRW 42,917,608 (=amount of the claim based on the said credit guarantee contract against Defendant A (=amounting to KRW 42,592,819, substitute payment of KRW 324,789).
(hereinafter “instant claim for indemnity”). B.
Attached Form
1) Disposition of the real estate indicated in the list 1) Defendant A’s disposal of the real estate as indicated in the separate sheet on December 20, 2017 (hereinafter “instant real estate”) in excess of the debt.
(2) The sales contract between Defendant B and Defendant C of the mother’s father (hereinafter “instant sales contract”).