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1. From March 22, 2016 to May 16, 2016, Defendant A’s KRW 159,704,951 and KRW 159,704,652 among the Plaintiff.
Reasons
Basic Facts
The Plaintiff entered into a credit guarantee agreement (hereinafter “each of the credit guarantee agreements in this case”) with Defendant A, who operates a mutual company called “C”, with the content as indicated in the following list of guarantees.
D E under each credit guarantee agreement of this case, Defendant A received a loan from Busan Bank (hereinafter referred to as the “Usan Bank”) as stated in the loan details table as follows.
E In the event that the Plaintiff performed the guaranteed obligation under each credit guarantee agreement of this case, Defendant A paid the Plaintiff the amount of the guaranteed obligation and damages for delay at the rate determined by the Plaintiff from the date the guaranteed obligation was discharged to the date of repayment. The ratio of damages for delay determined by the Plaintiff is 10% per annum after February 1, 2016.
On January 19, 2016, Defendant A suspended or discontinued the business of the above company it operated, and the credit guarantee accident occurred. On March 22, 2016, the Plaintiff paid to Busan Bank money as indicated below according to each credit guarantee agreement of this case.
E The Plaintiff appropriated KRW 1,094,560, collected on March 22, 2016, as indicated below, for the claim for reimbursement on December 12, 2013, as indicated in the Credit Guarantee Agreement concluded by December 12, 2013. The amount of damages for final delay arising in relation to the amount of the collected amount (=1,094,560 won x 10% x 10% x 1/365 days, and less than KRW).
E On March 24, 2016, Defendant A filed an application for commencing individual rehabilitation procedures with Busan District Court 2016da10293, and the said court decided to commence individual rehabilitation procedures on July 29, 2016.
In the list of individual rehabilitation creditors submitted by Defendant A at the time of filing the above application, the amount of indemnity was stated as a creditor in the event that the Plaintiff subrogated for the obligation for each loan to the Busan Bank with the content of the claim, and the above court set the deadline for filing an objection by August 23, 2016.