1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. On March 15, 2016, the Plaintiff entered into a credit guarantee agreement with A and the guaranteed amount of KRW 20,000,000, and with the maturity of March 13, 2020 (hereinafter “the instant credit guarantee agreement”). According to the instant credit guarantee agreement, where the Plaintiff performed the guaranteed obligation, A shall pay the Plaintiff the amount of the Plaintiff’s subrogated payment, its delayed payment, its legal procedure expenses, etc., and the agreed interest rate on the subrogated payment is 12% per annum from January 31, 2018 after the performance of the guaranteed obligation, and 10% per annum from the following day.

B. A was loaned from H according to the credit guarantee agreement of this case around that time.

C. After that, A delayed payment of interest and caused a credit guarantee accident on September 16, 2017, and the Plaintiff subrogated for KRW 18,537,441 to H on January 29, 2018 in accordance with the instant credit guarantee agreement.

On September 7, 2017, A concluded a sales contract to sell the instant real estate to the Defendant (hereinafter “instant sales contract”) and completed the registration of ownership transfer to the Defendant on the same day.

E. Meanwhile, on January 29, 2018, the Plaintiff recovered KRW 6,550,000 from the subrogated payment, and still remains 18,530,891, and A was in excess of the liability at the time of entering into the instant sales contract.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. Determination:

A. According to the facts found earlier prior to the existence of a preserved claim, A shall pay to the Plaintiff KRW 18,530,893 (i.e., the outstanding amount of KRW 18,530,891 for subrogation and the outstanding amount of KRW 6,550 for recovery of KRW 18,530,891) and, among them, KRW 18,530,891 for the unpaid amount of subrogated amount of KRW 12% per annum from January 29, 2018 to January 31, 2018, which is the date of subrogation, and KRW 10% per annum from the following day to February 23, 2018, which is the date of delivery of a copy of the complaint of this case, and KRW 10% per annum from the next day to the date of full payment.