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1. Defendant A’s KRW 44,624,130 as well as 15% per annum from March 11, 2015 to April 28, 2015, respectively, to the Plaintiff.
Reasons
1. The following facts are either not disputed between the parties, or acknowledged based on Gap evidence 1, Gap evidence 2, Eul evidence 3, Gap evidence 4, Gap evidence 5, Eul evidence 6-1 through 3, Eul evidence 1, and the whole purport of the arguments in relation to the fact inquiry inquiry conducted by the Minister of Land, Infrastructure and Transport on December 3, 2015.
On July 16, 2014, the Plaintiff entered into a credit guarantee agreement between the Plaintiff and the Defendant, setting the credit guarantee limit amount to KRW 43,750,00, and the term of guarantee as of July 16, 2015, with respect to the monetary obligation to be borne by Defendant A, a new bank (hereinafter referred to as “new bank”), as the credit guarantee agreement between the Plaintiff and the Defendant, and issued a credit guarantee agreement to the new bank on the same day.
Luxembourg on July 16, 2014, the credit guarantee written credit guarantee was provided to Defendant A with a maturity of KRW 43,750,000 as a general loan on July 16, 2015.
Defendant A lost the benefit of the time limit for the loan due to delinquency in interest around August 15, 2014.
Applicant on March 11, 2015, the Plaintiff acquired the claim for indemnity against Defendant A by repaying the principal and interest of the loan amount of KRW 44,776,350 in subrogation of the Defendant A. On the same day, the Plaintiff recovered KRW 152,220 on the same day and appropriated the claim for indemnity in partial repayment of the claim for indemnity, and the balance of the claim for indemnity due to subrogation is KRW 44,624,130 (=4,76,350).
(v) At the time of the conclusion of a credit guarantee agreement, Defendant A agreed to pay damages at an interest rate determined by the Plaintiff within the limit of 25 per annum as stipulated in Article 28 of the Regional Credit Guarantee Foundation Act for the amount of the performance of the obligation performed by the Plaintiff after the date of the performance of the obligation. The interest rate determined by the Plaintiff is 15 per annum from the date of the performance of the obligation until April 28, 2015, and 12 per annum from the following day.
B. (i) Defendant A shall have the real estate sales contract and the progress thereof between the Defendants.