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1. Defendant A’s KRW 18,265,763 as well as 15% per annum from September 16, 2013 to December 28, 2013 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff’s credit guarantee agreement between Defendant A and Defendant A on September 14, 2010 regarding Defendant A’s loan of KRW 30,000,000 from September 14, 2010 to September 14, 2015 ( KRW 30,000,000) with respect to the credit guarantee agreement between Defendant A and Defendant A (hereinafter “credit guarantee agreement of this case”).
(2) Defendant A did not pay a repayment in installments on May 15, 2013.
On September 16, 2013, the Plaintiff subrogated for KRW 18,418,693.
The plaintiff recovers KRW 152,930, and the balance to be claimed to Defendant A is KRW 18,265,763.
The overdue interest rate under the credit guarantee agreement of this case is 15% per annum.
B. The Defendants’ real estate sales contract, etc. 1) Defendant A is the real estate indicated in the attached Form B (hereinafter “instant real estate”) between Defendant B, who was the branch of May 23, 2013.
(2) Defendant A entered into a sales contract to sell KRW 120,000,000. The following day, Defendant A completed the registration of ownership transfer on the instant real estate. (2) The instant real estate was the only real estate of Defendant A.
[Reasons for Recognition] The entry of Gap evidence Nos. 1 through 6, the results of the fact inquiry to the Minister of Land, Infrastructure and Transport and the head of Gangdong-gu Office, and the purport of
2. Determination:
A. Defendant A’s obligation to claim reimbursement of KRW 18,265,763 as well as damages for delay calculated by the rate of 15% per annum from September 16, 2013, which is the date of delivery of a copy of the Plaintiff’s subrogation, to December 28, 2013, which is the date of delivery of a copy of the instant complaint, and 20% per annum from the following day to the date of full payment.
B. Although Defendant B’s claim for reimbursement against Defendant A was actually incurred after the sales contract was concluded between the Defendants, the legal relationship causing such claim was established prior to the establishment of the legal relationship, and the Plaintiff’s subrogation was made due to the delinquency in the repayment before the sales contract was concluded.