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1. As to KRW 177,200,835 and KRW 176,764,436 among the Plaintiff, Defendant A shall be from June 20, 2014 to December 24, 2014.
Reasons
1. Facts of recognition;
A. 1) The Plaintiff entered into a credit guarantee agreement with Defendant A, while obtaining a loan from a national bank, provides each credit guarantee agreement on November 26, 2009 and May 17, 2012 (hereinafter “1 and 2 credit guarantee agreement”) in the order of the respective credit guarantee agreements between Defendant A and the national bank, and collectively “each of the instant credit guarantee agreements”.
(2) On November 27, 2009, Defendant A received loans from the National Bank totaling KRW 200 million (hereinafter collectively referred to as “each of the instant loans”) including KRW 100,000,000,000,000,000 as security for credit guarantee No. 21, May 21, 2012, including KRW 100,000,000,000.
B. The Plaintiff’s failure to pay each of the loans of this case and the credit guarantee accident occurred on March 31, 2014. On June 20, 2014, the Plaintiff subrogated to the National Bank for KRW 177,107,64,646 in total, including KRW 91,064,219, and KRW 86,427 based on the first credit guarantee, based on the second credit guarantee. 2) The Plaintiff collected KRW 343,210 out of the indemnity amount due to the payment by subrogation, and still remains 176,764,436 won (=17,107,646 won - 343,210 won).
The rate of delay damages for the above subrogation is 12% per annum, and the plaintiff spent 436,287 won as expenses for preserving the execution of the claim for indemnity, and the amount of finalized damages is 112 won.
C. On September 5, 2013, Defendant A entered into a donation contract (hereinafter “instant donation contract”) with Defendant B on the real estate indicated in the separate sheet (hereinafter “instant real estate”), one’s own property, and completed the ownership transfer registration (hereinafter “instant ownership transfer registration”) on October 18, 2013 with Defendant B as indicated in Section 2-B of the Disposition.
Defendant A’s active property around September 5, 2013, which was at the time of the instant donation agreement, around September 5, 2013, at the time of Defendant A’s insolvent, is about KRW 125,500,000,000 in the market value, and the land for a factory, D, and E’s land and its ground.