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1. As to KRW 83,232,377 and KRW 82,497,472 among the Plaintiff, Defendant A shall be from February 28, 2019 to March 26, 2019.
Reasons
1. Since there is no dispute between the parties that the Plaintiff held claims against Defendant A with respect to the determination of the claim against Defendant A as stated in the attached Form. As such, Defendant A does not have the obligation to pay damages to the Plaintiff at least KRW 83,232,377 and KRW 82,497,472, which is the date of subrogation payment, from February 28, 2019 to March 26, 2019, which is the date of delivery of the instant complaint, to KRW 10% per annum from the next day to May 31, 2019, to the date of full payment, Article 3(1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, Etc., and Article 3(1) main sentence of Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019).
A. Facts of recognition 1) Defendant A entered into a credit guarantee agreement with the Plaintiff as shown in the grounds for the claim as shown in the attached Form. On October 31, 2018, the Defendant subrogated to pay KRW 82,497,472 on February 28, 2019 due to the occurrence of a credit guarantee accident.
2) The Defendants completed a marriage report on March 25, 1983, and concluded a marriage report, and the legal marital relationship was divorced on August 30, 2017.
3) Defendant A owned each real estate listed in the separate sheet Nos. 1 through 4 of the separate sheet (hereinafter collectively referred to as “instant real estate”). However, with respect to the instant real estate, the registration of the establishment of the right to collateral security amounting to KRW 18 million for the debtor, Defendant A, C organization of the neighboring mortgagee C, the maximum amount of the claim amount, and KRW 48 million was completed.
B) On May 29, 2018, Defendant A repaid the secured debt amount of KRW 150 million at the time of the foregoing collateral security right, and cancelled the registration of creation of each of the above collateral security rights on May 31, 2018.
C) Defendant A is the instant case against Defendant B.