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1. As to KRW 69,378,954 and KRW 69,130,364 among the Plaintiff, Defendant A shall be from December 11, 2014 to July 28, 2015.
Reasons
1. Facts of recognition;
A. A. (1) The Plaintiff entered into a credit guarantee agreement with Defendant A on September 29, 2008 with the coverage amount of KRW 85 million, and with the coverage period of September 28, 2009; thereafter, the Plaintiff changed the coverage amount to KRW 68 million; and on March 2014, extended the coverage period by March 2015.
(hereinafter the final revised credit guarantee agreement (hereinafter “instant credit guarantee agreement”). On September 29, 2008, the Plaintiff issued a credit guarantee agreement to Korea bank as the opposite party to the guarantee, and Defendant A received a loan of KRW 100 million from Korea bank as security.
(2) On August 19, 2014, the Plaintiff paid 69,130,364 won to our bank on December 11, 2014 as a credit guarantee accident occurred due to overdue interest payment.
(3) According to the instant credit guarantee agreement, Defendant A reimburses the Plaintiff for the amount of subrogated payment, its delay damages, and its preservation expenses. The interest rate for delay as of December 11, 2014 between the Plaintiff and the Defendant is 12% per annum.
The Plaintiff spent KRW 248,590 to preserve the rights acquired through the performance of the guaranteed obligation.
B. On October 31, 2013, Defendant A entered into a contract with Defendant B to establish the right to collateral security (hereinafter “instant right to collateral security”) with respect to the real estate indicated in the Attachment No. 1 (hereinafter “instant real estate”) which is one’s own possession with Defendant B, the maximum debt amount of KRW 100 million, the debtor A, and the defendant B with the mortgagee. On the same day, the Seoul Northern Northern District Court received the Northern District Court’s receipt of 10265 registration of collateral security (hereinafter “instant right”).
C. At the time of entering into the instant mortgage agreement, Defendant A’s active property at the time of entering into the instant mortgage agreement (the appraised value as of April 20, 2015 is KRW 295 million) equivalent to KRW 265 million at the market price at the time of entering into the instant mortgage agreement.