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1. The Defendant shall pay to the Plaintiff KRW 100,000,000 as well as 20% per annum from July 11, 2014 to the day of full payment.
Reasons
1. Basic facts
A. On December 20, 2008, the lease agreement C between C Co., Ltd. (hereinafter “C”) and the Defendant entered into a contract with the Defendant to lease the leased deposit amount of KRW 100,000,000 (hereinafter “instant lease deposit”).
B. On August 24, 2009, the Plaintiff entered into a credit guarantee agreement between the Plaintiff and C with respect to the repayment of the principal and interest of loan to be borne by the Plaintiff in obtaining a loan from the Gyeongnam Bank, setting the amount to be guaranteed as KRW 285,00,000,00, and issued a credit guarantee agreement to the Gyeongnam Bank. Accordingly, C obtained a loan of KRW 300,000 from the Gyeongnam Bank on August 27, 2009. (2) The Plaintiff delayed the payment of the above loan debt, and the Plaintiff, on September 28, 2012, issued to the Gyeongnam Bank the principal amount to KRW 257,887,088 (interest 25,000,000,000,287,0888). Accordingly, C was entitled to recover the credit by subrogation.
C. In order to preserve the principal of the claim for indemnity amounting to KRW 255,00,00,000 (principal) due to the above subrogation, the Plaintiff: (a) obtained a provisional seizure order of claim amounting to KRW 100,000,000 from the original debtor and the defendant; (b) obtained a provisional seizure order of claim amounting to KRW 255,00,000 from the original debtor and the defendant; and (c) transferred the provisional seizure of the above claim amounting to KRW 25,00,00 (principal) from the original district court 2014T to the original debtor and the original debtor; and (d) obtained a seizure and collection order of the remaining claim amounting to KRW 80,576,769 (interest and expense for execution) from the Defendant on May 1, 2014; and (e) served the above seizure and collection order to the Defendant on July 24, 2014, respectively.
[Ground of recognition] Facts without dispute, each entry of Gap 1 through 9 (including paper numbers) and the purport of the whole pleadings
2. The primary description;