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1. Defendant A’s KRW 14,908,683 as well as the Plaintiff’s KRW 12% per annum from September 2, 2015 to February 2, 2016.
Reasons
1. Basic facts
A. On November 21, 2013, the Plaintiff, a corporation established pursuant to the Regional Credit Guarantee Foundation Act, concluded a credit guarantee agreement with Defendant A, which provides the guaranteed principal of KRW 17,00,000,000, and the term of guarantee on November 21, 2018 (hereinafter “instant credit guarantee agreement”).
B. In the instant credit guarantee agreement, where the Plaintiff repaid the loan upon the fulfillment of the guaranteed obligation, Defendant A includes the amount of the guaranteed obligation to be repaid to the Plaintiff and the rate determined by the Plaintiff from the date of repayment to the date of repayment, and the amount of damages calculated according to the calculation method.
C. On November 21, 2013, Defendant A received a loan from Korea Standards Bank as collateral a credit guarantee certificate issued by the Plaintiff pursuant to the instant credit guarantee agreement, and on July 3, 2015, Defendant A applied for a personal rehabilitation and caused a guarantee accident.
Upon receipt of the notice of occurrence of a credit guarantee accident from the above bank, the Plaintiff paid the principal and interest of KRW 14,908,683 to the above bank on September 2, 2015, and thereafter, the rate of damages determined by the Plaintiff is 12% per annum.
E. Meanwhile, Defendant A completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “the instant real estate”) on June 4, 2015 (hereinafter “the same date”) for Defendant B on the same day due to sale and purchase on June 4, 2015 (hereinafter “the instant sale and purchase”), and thereafter, Defendant A completed the registration of ownership transfer with respect to the instant real estate (the mortgagee: D: debtor; the obligor; the maximum debt amount; KRW 200 million; the joint collateral building: the first floor No. 103, Jun. 4, 2015 (the first floor, No. 103, Jun. 4, 2015: the mortgagee; the obligor; the maximum debt amount: KRW 348,00,000) set up on the instant real estate.
7.2. Each registration of cancellation has been completed.
[Ground of recognition] A. P. Article 150(1) of the Civil Procedure Act (which is the basis for recognition between the plaintiff and the defendant), evidence No. 1 through 6, and B.