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1. The Plaintiff:
A. As to KRW 46,289,730 and KRW 45,750,740 among Defendant A, Defendant A shall be from June 26, 2015 to August 31, 2015.
Reasons
1. Facts of recognition;
A. Defendant C, along with the loan fraud group of all the loan funds, conspiredd by deceiving the Plaintiff and the Nonghyup Bank to borrow a house lease fund from the Nonghyup Bank under the Plaintiff’s credit guarantee, and by cooperating with Defendant B and A for the purpose of receiving some of them, the lessor, as to subparagraph 02 of the 7-dong Incheon Gyeyang-gu Incheon Building E, which is owned by Defendant B, entered into a false house lease contract, etc. as of April 1, 2012, with Defendant B and the lessee as Defendant A.
B. On May 2, 2012, Defendant A entered into a credit guarantee agreement with the Plaintiff as of May 3, 2014 (hereinafter “the instant credit guarantee agreement”) between the Plaintiff and the payment amount of KRW 43,200,000, and the payment period of KRW 48,00,000 from the Nonghyup Bank Co., Ltd. (hereinafter “the Nonghyup Bank”) under a credit guarantee agreement issued by the Plaintiff on the same day.
C. When the Plaintiff performed the guaranteed obligation at the time of the instant credit guarantee agreement, Defendant A agreed to pay the amount of the performance of the guaranteed obligation and damages for delay in accordance with the interest rate determined by the Plaintiff from the date of performance of the guaranteed obligation to the date of repayment.
The credit guarantee accident occurred due to Defendant A’s failure to pay the loan to Nonghyup Bank. On June 26, 2015, the Plaintiff subrogated to Nonghyup Bank KRW 45,750,740 (i.e., principal KRW 43,200,000, interest KRW 2550,740). The rate of delay damages for the amount of performance of the guaranteed obligation under the credit guarantee agreement of this case was 12% per annum from the date of the performance of the guaranteed obligation until August 31, 2015, and 8% per annum from the following day until the date of the performance of the guaranteed obligation, and the attempted guarantee fee to be paid by Defendant A to the Plaintiff under the credit guarantee agreement of this case is 538,90 won.
E. Meanwhile, the defendant C conspired to make a false house lease contract as above.