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1. As to KRW 25,739,818 and KRW 25,309,048 among the Plaintiff, Defendant A shall be from May 30, 2016 to December 20, 2016.
Reasons
1. Facts of recognition;
A. (1) On May 26, 2015, the Plaintiff entered into a credit guarantee agreement with Defendant A (mutual name C) with respect to a loan granted by Defendant A from a national bank, the Plaintiff entered into a credit guarantee agreement on May 26, 2016 (hereinafter “instant credit guarantee agreement”).
(2) According to the credit guarantee agreement of this case, the Plaintiff issued a credit guarantee certificate to Defendant A pursuant to the credit guarantee agreement of this case, and Defendant A borrowed KRW 25 million from a national bank. (2) According to the credit guarantee agreement of this case, the Plaintiff may exercise the right of prior reimbursement against the Defendant A without notice and peremptory notice when a credit guarantee accident notification or a guarantee obligation under the credit guarantee agreement between the Plaintiff and the creditor is requested. In the event the Plaintiff performed the guaranteed obligation, the Defendant A pays the amount of subrogation paid by the Plaintiff on behalf of the Plaintiff and the amount of delay damages, final damages, attempted penalty, and other legal procedure costs, etc. (12% per annum from May 30, 2016 to then).
B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation (1) caused a guarantee accident on January 27, 2016 by Defendant A with overdue interest on January 27, 2016. (2) The Plaintiff subrogated 25,309,048 won to the National Bank on May 30, 2016 under the instant credit guarantee agreement.
(attached Form. see Account Statement).
Defendant B’s mother is the Defendant A’s mother. 2) Defendant A entered into a donation agreement with Defendant B on November 24, 2015 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), which is the sole property (hereinafter “instant real estate”) on November 24, 2015 (Defendant B stated that November 24, 2010, which is the date of donation on the certified copy of the register, is a clerical error as of November 24, 2015; hereinafter “instant donation agreement”); and the Seoul Central District Court’s registry office of the Seoul Central District Court, as of November 25, 2015, the registration of ownership transfer was completed.
hereinafter referred to as "the case."