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1. As to KRW 51,094,545 and KRW 50,655,232 among the Plaintiff, Defendant A shall be from July 30, 2014 to November 7, 2014.
Reasons
1. The following facts do not conflict between the parties, or may be acknowledged by comprehensively considering the whole purport of the pleadings in each entry in Gap evidence 1 to 5, Gap evidence 6-1, 2, 3, and Gap evidence 7:
On April 20, 2009, the Plaintiff entered into a credit guarantee agreement with Defendant A on April 19, 2010, providing a loan of KRW 50 million from a new bank (hereinafter “new bank”) that the said Defendant received from the said new bank (hereinafter “new bank”) with the guaranteed principal amount of KRW 50 million and April 19, 2010 (the subsequent change to April 19, 2014).
At the time of the above credit guarantee agreement, Defendant A paid damages for delay at the interest rate (current 12%) set by the Plaintiff, taking into account the overdue loan interest rate of financial institutions within 18% per annum when the Plaintiff performed the guaranteed obligation, and agreed to reimburse expenses incurred by the Plaintiff in relation to the preservation, transfer, exercise, etc. of the right acquired by the Plaintiff as a result of the performance of the guaranteed obligation, unpaid guarantee
B. Defendant A obtained a loan of KRW 50 million from a new bank as security under the credit guarantee agreement. On April 22, 2014, Defendant A lost the benefit due to the principal and interest due, and the Plaintiff has lost this year.
7. On the other hand, as of July 29, 2014, KRW 221,30, KRW 200, KRW 201,360, KRW 1653 for additional guarantee fees, and KRW 51,094,545 for damages incurred by Defendant A to the Plaintiff, under the credit guarantee agreement as above.
C. Meanwhile, on November 29, 2013, Defendant A entered into a sales contract with Defendant B on each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) with the transaction value of KRW 260 million (hereinafter “instant sales contract”), and on December 6, 2013, Defendant B completed the registration of ownership transfer for the reason of the said sale to Defendant B.
Defendant B, respectively, on December 6, 2013.