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1. As to KRW 245,797,890 and KRW 245,797,720 among the Plaintiff, Defendant A shall be from November 12, 2015 to August 6, 2016.
Reasons
1. Facts of recognition;
A. On August 1, 2013, the term of guarantee of the guaranteed amount under a credit guarantee agreement, which is the date of the amendment to the credit guarantee agreement, shall be reduced to KRW 272,00,000,00 as of August 22, 2014, which is extended until August 28, 2015, until August 28, 2015, the Plaintiff shall be reduced to KRW 24,80,000 as of August 17, 2015, and shall be extended until August 26, 2016) with Defendant A as of August 31, 2012, the Plaintiff shall guarantee the credit guarantee agreement (hereinafter referred to as the “credit guarantee agreement”) with the content of the credit guarantee agreement with respect to the guarantee of the Defendant A’s obligations to the new bank as follows:
On September 14, 2012, A concluded a loan of KRW 350,000 from a new bank based on the instant credit guarantee agreement (hereinafter “instant loan”).
(2) The terms and conditions of the credit guarantee agreement of this case were modified as follows. (2) According to the credit guarantee agreement of this case, when the Plaintiff performed the credit guarantee obligation, Defendant A shall pay to the Plaintiff delay damages, etc. calculated at the rate determined by the Plaintiff (1) from the date of performance of the guaranteed obligation to the date of full payment (12% per annum from December 1, 2012 to the date of full payment) with respect to the amount of performance of the guaranteed obligation.
B. On September 30, 2015, Defendant A lost the benefit of the instant loan due to the due diligence due to the due diligence of the Defendant A. (2) On November 12, 2015, the Plaintiff subrogated to the new bank for the total amount of KRW 246,317,357 (i.e., principal amount of KRW 244,80,000) (i.e., principal amount of KRW 1,517,357) on behalf of the new bank on November 12, 2015, and appropriated KRW 519,637 recovered from the Defendant A for the partial repayment of the amount of subrogated payment.
Therefore, the amount of the subrogated payment was 245,797,720 won (=246,317,357 won - 519,637 won).
3) The daily damages for delay on the amount of 519,637 won appropriated for the partial repayment of the above subrogated amount are 170 won (519,637 won x 12% x 12% x 1/365.
C. Defendant A’s property disposition is above.