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1. As to KRW 299,754,631 and KRW 298,592,082 among the Plaintiff, Defendant A shall be from June 12, 2015 to August 25, 2015.
Reasons
1. Basic facts
A. On May 30, 2014, the Plaintiff entered into a credit guarantee agreement with Defendant A, who runs the wholesale and retail distribution business of food beverages under the trade name of “B,” with respect to the obligation to repay the principal and interest of loans, which are to be borne by Defendant A, by receiving a loan from the Korea Agency Standards (hereinafter “Korea Agency Standards”) (hereinafter “Korea Agency Standards”). The Plaintiff entered into a credit guarantee agreement with Defendant A as of May 29, 2015 with the term of the guarantee principal of KRW 297,00,000, and the term of the guarantee.
B. According to the above credit guarantee agreement, where the plaintiff fulfills the guaranteed obligation due to a guarantee accident, the defendant A shall pay to the plaintiff the amount of the guaranteed obligation and the damages for delay calculated at the interest rate set by the plaintiff from the date of full payment to the date of full payment. The legal procedure expenses incurred in exercising or preserving the plaintiff's claim for indemnity against the defendant A, and the rate and calculation method set by the plaintiff, respectively
C. After the conclusion of the aforementioned credit guarantee agreement, Defendant A loaned KRW 330,000,000 from the Korea Agency on June 2, 2014.
However, on May 29, 2015, a guarantee accident occurred due to Defendant A’s delinquency of the principal and interest of loans, and on June 12, 2015, the Plaintiff paid deposit of KRW 298,592,082 to the Korea Standards Bank (=interest of KRW 297,000,592,082). The penalty arising by applying 12% per annum, the interest rate of KRW 13 days from the date following the occurrence of the said guarantee accident, to the payment date of the deposit, is KRW 84,620.
E. On June 8, 2015, in order to preserve the claim for reimbursement against Defendant A, the Plaintiff provisionally attached the real estate listed on Defendant A’s ownership. On July 17, 2015, the Plaintiff issued a provisional disposition prohibiting disposal of the right to collateral security in the name of Defendant Dongoz Co., Ltd. (hereinafter “Defendant Co.”), which was established on the real estate indicated on the attached list, as seen below. In that process, the Plaintiff spent the expense of KRW 1,07,929.
F. Meanwhile, Defendant A on October 28, 2014.