beta
Text
1. As to KRW 27,423,689 and KRW 27,231,312 among the Plaintiff, Defendant A’s year from March 20, 2014 to July 10, 2014.
Reasons
1. Facts of recognition;
A. On March 16, 2012, the Plaintiff and Defendant A entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with the said Defendant on the guaranteed amount of KRW 45,000,000, and the guarantee period until February 2, 2015, regarding the obligation to be loaned from the Industrial Bank of Korea (hereinafter “Industrial Bank”).
B. In the instant credit guarantee contract, Defendant A agreed to pay the Plaintiff the amount of subrogation and the overdue interest rate determined by the Plaintiff (12% per annum from December 1, 2012 to 12%) from the date of subrogation to the Plaintiff when the Plaintiff subrogated to the Non-Party bank, and the expenses incurred by the Plaintiff for securing the claim. In addition, Defendant A agreed to pay the additional guarantee fee according to the rate determined by the Plaintiff from the date following the date of receiving the guarantee fee that the Plaintiff had already received from the principal debt guaranteed by the Plaintiff to the date of subrogation.
C. On March 19, 2012, Defendant A provided a credit guarantee certificate issued in accordance with the instant credit guarantee contract, and loaned KRW 50,000,000 from Nonparty Bank. However, on February 20, 2014, Defendant A lost the benefit of time by failing to pay the principal of the said loan.
The non-party bank, upon notifying the Plaintiff of the above credit guarantee accident, filed a claim against the Plaintiff for the deposit. On March 20, 2014, the Plaintiff subrogated to the non-party bank for KRW 27,231,312 ( principal KRW 27,00,000, KRW 231,312) in accordance with the instant credit guarantee contract.
E. The claims preservation expenses incurred by the Plaintiff in order to recover the above claims are KRW 191,277, and the balance of additional guarantee fees to be borne by the Defendant A under the instant credit guarantee contract is KRW 1,100.
F. Meanwhile, Defendant A and Defendant B on January 13, 2014, with respect to the real estate indicated in the separate sheet (hereinafter “instant real estate”), the sole property of which is one of his/her own property under excess of his/her obligation (hereinafter “instant real estate”).