beta
Text
1. Defendant A from February 24, 2016 to Plaintiff Busan Credit Guarantee Foundation for KRW 20,647,706 and KRW 20,391,956 among them.
Reasons
1. Basic facts
A. Credit guarantee agreement between the Plaintiff Busan Credit Guarantee Foundation (hereinafter “Plaintiff Foundation”) and the Defendant A
⒧. 원고 재단은 2011. 9. 14. 피고 A과 사이에 보증원금 20,000,000원, 보증기간 2011. 9. 15.부터 2012. 9. 14.까지로 하여, 피고 A의 중소기업은행에 대한 20,000,000원의 대출금채무를 보증하는 내용의 신용보증약정(이하 ’이 사건 신용보증약정‘이라 한다)을 체결하였다.
D. At the time of the conclusion of the instant credit guarantee agreement, Defendant A agreed to pay to the Plaintiff Foundation the amount of Defendant A’s loan on behalf of the Plaintiff Foundation for the performance of the guaranteed obligation (i) the amount of performance of the guaranteed obligation, (ii) the amount of performance of the guaranteed obligation, and (iii) the amount of performance of the guaranteed obligation, calculated at the rate determined by the Plaintiff Foundation from the date of performance of the guaranteed obligation to the date of full payment (12%)
【Defendant A borrowed KRW 20,00,000 from the Industrial Bank of Korea under the Credit Guarantee Agreement on September 15, 201, and the guarantee period of the Credit Guarantee Agreement has been extended until September 9, 2016.
B. From October 7, 2015, Defendant A, who performed guaranteed obligations of the Plaintiff Foundation, failed to pay interest on loans to the Industrial Bank of Korea from October 7, 2015, and a credit guarantee accident occurred on November 16, 2015.
Accordingly, on February 24, 2016, the Plaintiff Foundation subrogated for KRW 20,391,956 as the principal and interest of loans to the Bank on February 24, 2016 in accordance with the instant credit guarantee agreement.
Plaintiff
The Foundation's expenditure of KRW 44,550 to Defendant A for legal procedure expenses, and the remainder of KRW 188,80 to recover KRW 255,750 in total is 255,750.
C. Sales contract between Defendant A and Defendant C, contract to establish a mortgage between Defendant C and Defendant D, and application for voluntary auction and distribution of dividends between Defendant D
⒧. 피고 A은 2015. 7. 22. 이 사건 각 부동산을 조카인 피고 C에게 2015. 7. 1.자 매매계약(이하 ‘이 사건 매매계약’이라 한다)을 원인으로 하여...