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1. As to KRW 86,739,391 and KRW 86,734,023 among the Plaintiff, Defendant A shall be from May 25, 2016 to August 20, 2016.
Reasons
1. Basic facts
A. (i) On September 28, 2012, the Plaintiff entered into a credit guarantee agreement with Defendant A with a guarantee number E, guaranteed amount of KRW 85,000,000, and term of guarantee as of September 27, 2013 (hereinafter “instant guarantee agreement”), and issued a credit guarantee agreement with a national bank (hereinafter “national bank”).
After that, the term of guarantee contract of this case was changed three times, and finally, it was changed until September 23, 2016.
Pursuant to Article 10 of the Luxembourg Guarantee Contract, when the plaintiff fulfilled the guaranteed obligation under the guarantee contract of this case, the defendant A, the guarantor, is obligated to pay the amount subrogated by the plaintiff to the plaintiff as the guarantor, damages after the date of the subrogation, and other legal procedural expenses paid by the plaintiff.
B. The Plaintiff’s subrogation (i.e., Defendant A was granted a loan from a national bank under the credit guarantee agreement under the instant guarantee agreement, but around February 22, 2016, Defendant A lost the benefit of time due to the natural body, etc., and the said national bank notified the Plaintiff of the occurrence of the occurrence of the guarantee accident under the instant guarantee agreement.
B. On May 25, 2016, the Plaintiff subrogated to the National Bank for the principal amounting to KRW 86,734,023 (= Principal amounting to KRW 85,00,000).
Secondly, from the date of the subrogation stated in the above Sheet to the date of the closing of argument in this case, the rate of delay damages based on the contract of this case is 10% per annum, and the unpaid balance is 5,368 won out of the amount paid by the plaintiff as the legal procedure expenses for the preservation of the indemnity claim acquired by the above subrogation.
C. On September 24, 2015, each real estate listed in the separate sheet (1) and (2) has been completed after the completion of the registration of ownership transfer in Defendant B on the grounds of sale on August 4, 2015.