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1. Defendant A: 12,420,072 won to the Plaintiff and 12% per annum from June 2, 2016 to November 22, 2016.
Reasons
1. Basic facts
A. The Plaintiff entered into a credit guarantee agreement with Defendant A as of July 15, 2013 as the guaranteed amount of KRW 20,000,000, and the term of guarantee as of July 13, 2018, 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 by receiving a loan from a new bank Co., Ltd. (hereinafter “Nonindicted Bank”) by issuing a credit guarantee certificate to Defendant A.
B. Upon the conclusion of the above credit guarantee agreement, the Plaintiff and Defendant A agreed to pay all incidental obligations, such as the amount of subrogation paid by the Plaintiff for the performance of the guaranteed obligation and damages for delay calculated by the Plaintiff’s fixed rate from the date of performance of the obligation to the date of full payment, ② additional guarantee fee from the day following the payment of the guaranteed obligation to the day before the termination date of the guarantee, ③ legal procedure costs and other expenses incurred by the Plaintiff for the performance of the guaranteed obligation.
C. On January 13, 2016, Defendant A delayed payment of the principal and interest on the non-party bank, resulting in a credit guarantee accident. On June 2, 2016, the Plaintiff paid 12,550,942 to the non-party bank for performance of the guaranteed obligation.
Since then, 12,420,072 won of the amount of subrogation remaining after the plaintiff recovered 130,870 won, and the rate of damages for delay determined by the plaintiff with respect to the amount of subrogation is 12% per annum from June 2, 2016 to June 2.
On the other hand, on December 1, 2015, Defendant A entered into a gift agreement with Defendant B and C (hereinafter “instant gift agreement”) with respect to the real estate listed in the separate sheet owned by Defendant B and C (hereinafter “instant real estate”). On the same day, Defendant B completed the registration of transfer of ownership with respect to the shares of 3/5 of the instant real estate and 2/5 of the shares to Defendant C as the receipt of the Daegu District Court’s Receipt of Doldong Registry (42231).
[Ground of recognition] Gap 1 to 7 evidence .