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1. As to KRW 78,583,465 and KRW 77,290,323 among the Plaintiff, Defendant A shall be from December 5, 2019 to January 29, 2020.
Reasons
1. Basic facts
A. On April 13, 2017, the Plaintiff entered into a credit guarantee agreement with C Co., Ltd. (hereinafter “C”) with the credit guarantee principal of KRW 90 million and the credit guarantee period until April 10, 2020 (hereinafter “instant credit guarantee agreement”). Defendant A guaranteed all obligations owed by C to the Plaintiff in accordance with the said credit guarantee agreement.
B. On April 13, 2017, pursuant to the credit guarantee agreement of this case, the Plaintiff issued to D (hereinafter “D”) a guarantee amount of KRW 90 million, a guarantee term of KRW 100 million, a general loan of loan (temporary repayment) and a credit guarantee certificate of KRW 100 million for the loan amount (hereinafter “credit guarantee certificate of this case”). D received the credit guarantee certificate of this case and executed a loan of KRW 100 million to C on April 14, 2020.
C. C lost the benefit of time on September 10, 2019 and caused a credit guarantee accident, and immediately thereafter filed a petition for bankruptcy with the Daejeon District Court 2019Hau7100 on September 18, 2019.
Accordingly, upon D’s demand for subrogation on December 5, 2019, the Plaintiff subrogated for KRW 76,363,430 and interest KRW 926,893 in total, KRW 77,290,323.
Article 10(1) of the Credit Guarantee Agreement; Article 10(1) of the Plaintiff’s Credit Guarantee Agreement; Article 10(1) of the Plaintiff’s Credit Guarantee Agreement; Article 10(3) of the Plaintiff’s Credit Guarantee Agreement; Article 10(1) of the Plaintiff’s Credit Guarantee Agreement; Article 10(1) of the Plaintiff’s Credit Guarantee Agreement; and Article 10(1) of the Plaintiff’s Credit Guarantee Agreement (Article 1); and Article 2(2) of the Plaintiff’s Credit Guarantee Agreement on the amount of discharge of the Plaintiff’s Guarantee Obligations from the date of repayment to the date of repayment; and Article 1
Meanwhile, the Plaintiff spent KRW 1,723,686 in relation to the preservation, transfer, and exercise of the rights acquired through the performance of the above guaranteed liabilities. Of these, KRW 430,54 out of them were repaid, and eventually, KRW 1,293,142 = 1,723,686.