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1. As to KRW 63,952,422 and KRW 63,356,482 among the Plaintiff, Defendant A shall be from April 28, 2017 to June 21, 2017.
Reasons
1. Facts of recognition;
A. On June 13, 2014, the Plaintiff entered into a credit guarantee agreement between Defendant A and Defendant A with the coverage amount of KRW 102,00,000,000, and the coverage period of June 13, 2019 (hereinafter “instant credit guarantee agreement”).
(2) Under the above credit guarantee agreement, Defendant A agreed to pay the amount of performance of the guaranteed obligation when the Plaintiff performed the guaranteed obligation, the rate and calculation method as determined by the Plaintiff from the date of performance of the obligation to the date of repayment, the expenses incurred in the performance of the guaranteed obligation, the expenses incurred in the preservation, transfer and exercise of the right acquired through the performance of the guaranteed obligation, the unpaid guarantee fee, overdue guarantee fee, additional guarantee fee
3) Defendant A’s credit guarantee to the Plaintiff Company C (hereinafter “C Bank”).
(4) The Plaintiff paid 64,025,933 won to C Bank on April 28, 2017 and paid 1,025,025,933 won out of the amount of subrogated payment. 4) The Plaintiff paid 120,000,000 won to the C Bank on April 28, 2017 to pay 64,382,415 won, and the Plaintiff paid 1,025,933 won. 4) The Plaintiff paid 1,025,933 won from April 28, 2017. The Plaintiff paid 934,680 won to secure the claim for reimbursement after the performance of the guaranteed obligation, and the legal procedure cost (payment by subrogation) incurred by the Plaintiff in order to secure the claim for reimbursement after the performance of the guaranteed obligation is KRW 934,680, whichever is 595,870 won (=934,680 won -33,810 won).
B. Defendant A’s dispositive act and property status 1) As between December 20, 2016 and B, Defendant A’s real estate listed in the separate sheet owned by Defendant A (hereinafter “instant real estate”)
2) As to the sales contract (hereinafter “instant sales contract”)
(2) At the time of the instant sales contract, Defendant A’s active property was totaled of KRW 1,657,00,000, including the instant real property at the time of the instant sales contract, and KRW 1,657,00,000,00, which included the instant real property.