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1. A monetary donation contract of KRW 25,000,000, concluded on November 5, 2016 between B and the Defendant, and a contract concluded on January 19, 2017.
Reasons
1. Facts of recognition;
A. The Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with Nonparty C (hereinafter “C”) on the obligation to receive a loan from D Bank as indicated in the following table:
At the time, the Plaintiff is unable to repay the loan obligation by C, and C pays to the Plaintiff the amount of subrogated payment and the amount of damages for delay calculated at the rate determined by the Plaintiff (10% per annum) from the date of subrogated payment to the date of full payment, and the expenses incurred by the Plaintiff in order to enforce or preserve the rights, and the amount of damages for confirmation. Nonparty B, the representative director of C, was jointly and severally guaranteed by C pursuant to the credit guarantee agreement in this case.
- Table - EFD
B. C received a loan from a D bank as collateral for each of the above loans from the Plaintiff, but lost the benefit of overdue loan due to overdue loan around February 14, 2017.
According to the instant credit guarantee agreement, the Plaintiff subrogated to the D Bank on March 3, 2017 (i.e., KRW 469,432,701 (i.e., KRW 213,390,345) No. 256,042,35). Of them, KRW 2,443,570 was recovered and the remaining amount of subrogation is KRW 46,989,131 (i.e., KRW 210,946,75, KRW 256,042,356).
On the other hand, 669 won was paid by subrogation for the amount of recovery from the date of subrogation to the date of recovery, and 479,168 won was paid by subrogation to compensate for the claim against C.
C. On April 13, 2017, the Plaintiff filed an application with C and B for a payment order seeking reimbursement for reimbursement with the Daegu District Court 2017 tea5589, and on April 13, 2017, “C and B jointly pay jointly to the Plaintiff 467,468,968,968 won and 466,9,131 won per annum from March 3, 2017 to the delivery date of the original copy of the payment order, and 15% per annum from the next day to the date of full payment” was issued a payment order and on May 13, 2017.