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1. As to KRW 31,758,715 and KRW 31,407,175 among the Plaintiff, Defendant A’s year from August 8, 2014 to March 18, 2015.
Reasons
1. Basic facts
A. On February 20, 2013, the Plaintiff entered into a credit guarantee agreement with Defendant A, who is engaged in a construction equipment sales business, with a credit guarantee principal of KRW 34,00,000, and with a guarantee term until February 19, 2014 (hereinafter “the credit guarantee agreement of this case”). The Plaintiff agreed to pay the principal and interest of the loan by subrogation when the Plaintiff pays the principal and interest of the loan by subrogation due to his/her failure to repay his/her obligations to financial institutions.
On February 21, 2013, Defendant A was granted a loan of KRW 40,00,000 from a new bank by taking as security a credit guarantee certificate issued by the Plaintiff pursuant to the instant credit guarantee agreement.
B. A credit guarantee accident and the Plaintiff’s subrogation caused a credit guarantee accident on February 27, 2014. On August 8, 2014, the Plaintiff repaid the principal and interest of 31,801,475 won to a new bank on behalf of the Defendant A on behalf of the Plaintiff, and on December 2, 2014, the remainder of 394,300 won was 31,407,175 won (=31,801,475 - 394,300 won). The fixed delay damages amounted to 5,620 won, penalty 345,920 won, and damages amount determined by the Plaintiff from December 1, 2012 to December 12, 2012.
C. On February 26, 2014, Defendant A entered into a joint construction machine Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with respect to the size of 2638 square meters (hereinafter “instant land”) prior to Hongcheon-gun, Hongcheon-gun, 201, and entered into a mortgage contract (hereinafter “instant mortgage contract”) with Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”). On the same day, Defendant A completed the registration of establishment of a mortgage over the maximum debt amount of KRW 75,000,000 (hereinafter “the creation of a mortgage”).
[Grounds for recognition] Defendant A: