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1. As to KRW 91,101,712 and KRW 90,898,528 among the Plaintiff, Defendant A’s year from May 22, 2015 to November 4, 2015.
Reasons
1. Basic facts
A. (1) The Plaintiff and Defendant A entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with respect to the credit obligations of the Defendant’s loans to the North Korean Bank Co., Ltd. (hereinafter “North Korean Bank”), as follows:
On July 9, 2013, 200,00 from July 9, 2013 to July 8, 2014, Defendant A obtained a loan from a former North Korean bank on July 9, 2013 in accordance with the credit guarantee agreement of this case, but did not pay the principal and interest of the loan within the fixed period. The Defendant A lost the benefit of the loan within the fixed period on April 7, 2015.
B. (1) The Plaintiff’s subrogation, etc. requested the Plaintiff to pay the principal and interest of the loan by subrogation according to the credit guarantee agreement of this case. On May 22, 2015, the Plaintiff paid the principal and interest of the loan amounting to KRW 91,049,178 (the principal amount of KRW 90,000,000) on behalf of the former bank.
(2) Afterwards, the Plaintiff recovered KRW 150,650 from the Defendant A with respect to the amount of the said subrogated payment. KRW 49 of the amount of the final and conclusive attempted loss for the amount recovered was incurred, and KRW 220,287 was paid with the expenses for the measures to preserve the claim and recovered KRW 17,152 of the amount.
(3) Meanwhile, in the instant credit guarantee agreement, when the Plaintiff pays the principal and interest of the loan by subrogation, Defendant A paid damages for delay in accordance with the interest rate as determined by the Plaintiff. From December 1, 2012 as determined by the Plaintiff, the delayed interest rate from December 1, 2012 to the present is 12% per annum.
C. Although Defendant A’s disposal of the instant real estate, Defendant A sold to Defendant B the real estate indicated in the separate sheet (hereinafter “instant real estate”) which is the only property owned by Defendant A on October 20, 2014, which is the only property owned by Defendant A. The Jeonju District Court received on October 21, 2014 as the receipt of 47069.