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1. As to KRW 91,293,363 and KRW 90,398,80 among the Plaintiff, Defendant A’s year from April 27, 2016 to July 11, 2016.
Reasons
1. Facts of recognition;
A. On May 31, 2013, the Plaintiff entered into a credit guarantee agreement (hereinafter “instant agreement”) with Defendant A as between May 31, 2013 and May 30, 2016, including the credit guarantee principal of KRW 90,00,00,000, and the credit guarantee period from May 31, 2013 to May 30, 2016. On the same day, according to the instant agreement, the Plaintiff issued to Defendant A a credit guarantee agreement (hereinafter “instant loan”). Defendant A obtained a loan of KRW 90,00,000,00 from the National Bank of Korea (hereinafter “Co., Ltd.”) (hereinafter “instant loan”).
B. According to the agreement of this case, when the plaintiff performed the guaranteed obligation, the debtor is obliged to pay to the plaintiff the amount of the performance of the guaranteed obligation, damages at the interest rate as determined by the plaintiff from the date of repayment of the guaranteed obligation to the date of repayment of the guaranteed obligation, expenses incurred in the performance of the guaranteed obligation, expenses incurred in the preservation, transfer and exercise of the right acquired through the performance of the guaranteed obligation,
C. Around March 8, 2016, Defendant A notified the Plaintiff of the occurrence of an insolvent credit guarantee accident, such as a natural body, on February 13, 2016. On April 27, 2016, the Plaintiff subrogated to the National Bank for KRW 90,398,803 (= Principal KRW 90,000,000, KRW 398,803).
The remainder of the expenses incurred in preserving claims under the instant case is KRW 894,560.
E. On November 2, 2015, Defendant A entered into a sales contract (hereinafter “instant sales contract”) with Defendant B on the real estate (hereinafter “instant land”) listed in the attached Table No. 1 that he/she owned with Defendant B (hereinafter “instant land”). On the following day, Defendant A, based on the instant sales contract, completed the ownership transfer registration for the instant land under the title No. 15913 (hereinafter “instant ownership transfer registration”) on November 3, 2015, under the title No. 15913 (No. 15913) of the Changwon District Court.
(f).