beta
Text
1. From September 15, 2015 to November 25, 2015, Defendant A’s KRW 300,911,273 as well as KRW 299,51,758 as to the Plaintiff.
Reasons
1. Facts of recognition;
A. On November 11, 2014, the Plaintiff, upon Defendant A’s request of Defendant A, who operated a G convalescent, provided a credit guarantee by setting the coverage amount to KRW 279,000,000, and the term of guarantee to November 10, 2015. Defendant A borrowed KRW 330,000,000 (Guarantee Rate 90%) from the said bank in accordance with the Plaintiff’s credit guarantee.
B. On July 14, 2015 and July 20, 2015, Defendant A lost the benefit of time due to defective disposal by the said bank. Accordingly, on September 14, 2015, the Plaintiff subrogated the said Bank of Korea to pay for KRW 299,551,758 on behalf of Defendant A.
C. Upon entering into the above credit guarantee agreement, Defendant A agreed to pay the Plaintiff expenses incurred in taking legal procedures for the exercise of the right to indemnity together. The Plaintiff paid KRW 1,359,515 (the amount of subrogated payment, KRW 139,140,000, out of KRW 1,498,655, out of the amount of subrogated payment, and appropriated it for the substitute payment) in order to preserve the right to indemnity.
In concluding the aforementioned credit guarantee agreement with the Plaintiff, when the Plaintiff performed the guaranteed obligation to the Defendant’s creditor, Defendant A agreed to pay the overdue interest rate at the rate of financial institutions or damages for delay at the rate determined by the Plaintiff. The rate of damages for delay determined by the Plaintiff is 12% per annum from September 14, 2015, which is the date of subrogation.
On October 1, 2013, Defendant A and Defendant B leased the “public medical facilities and affiliated buildings on the fourth floor of the Gyeong-nam High-gun C, D ground reinforced concrete structure sloping roof” owned by E between Defendant A and Defendant B by setting the deposit amount of KRW 250,000,000, monthly rent of KRW 5,000,000, and the lease term of KRW 30,017.
Defendant A, around July 17, 2015, falls under the case of Defendant B, whose lease deposit is to be returned to Defendant B with respect to the above hospital building.