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1. As to KRW 47,595,254 and KRW 46,891,220 among the Plaintiff, Defendant A’s year from September 30, 2015 to October 26, 2015.
Reasons
1. Basic facts
A. On February 27, 2014, the Plaintiff entered into a credit guarantee agreement between Defendant A and the Korea Development Bank (hereinafter “Defendant A”) with respect to monetary obligations that Defendant A would incur by obtaining a loan from the Korea Development Bank (hereinafter “Korea Development Bank”) and the credit guarantee agreement with the term of February 27, 2019. On the same day, Defendant A issued a credit guarantee agreement with the Korea Development Bank with the term of February 27, 2019. The same day. (2) On the same day, Defendant A obtained a loan from the Korea Development Bank on the basis of the credit guarantee written credit guarantee agreement issued by the Plaintiff from the Plaintiff as a sub-loan for operation of loans, the loan amounting to KRW 50 million,000,000, and the maturity of the loan was set as February 27, 2019.
2) According to Article 5(1) of the Credit Guarantee Agreement of this case, when Defendant A violated the obligation to discharge the principal obligation, or the seizure, provisional seizure, provisional disposition, or application for auction filed by Defendant A, the Plaintiff shall be entitled to prior indemnity. However, the real estate listed in attached Form 1, which Defendant A owned (hereinafter “instant real estate”).
(B) On March 13, 2015, a decision of provisional attachment was made with respect to the amount claimed by a creditor Seoul Guarantee Insurance Co., Ltd. as KRW 35,00,000. (b) On July 1, 2015, the occurrence of a credit guarantee accident and the Plaintiff’s subrogation, etc. (i) the occurrence of a credit guarantee accident and the Plaintiff’s subrogation, etc.) the Defendant A, upon the registration of credit management information, has caused a credit guarantee accident that would lose the benefit of the above loan obligations. On September 30, 2015, the Plaintiff subrogated the Korea Development Bank for the principal and interest of KRW 47,3
According to the instant credit guarantee agreement, when the Plaintiff performs the guaranteed obligation, Defendant A shall pay to the Plaintiff the amount of performance of the guaranteed obligation, ② the rate determined by the Plaintiff from the date of performance to the date of repayment, and the amount of damages calculated by the method of calculation (14% per annum from December 2, 2010 to May 31, 2015, and 12% per annum from June 1, 2015), and ③ the preservation, transfer, and exercise of the right acquired through the performance of the guaranteed obligation.