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1. The Defendant’s KRW 41,807,316 for the Plaintiff and KRW 5% per annum from August 25, 2016 to July 5, 2018.
Reasons
1. Basic facts
A. On June 28, 201, the Plaintiff entered into a credit transaction agreement with A and loaned KRW 719,00,000,000, and entered into a mortgage agreement on the building of a factory and the machinery and apparatus of a factory owned by A under the "Act on Mortgage on Factory and Mining Foundation" (hereinafter the "mortgage") as a security for the said loan claim. On the same day, the Plaintiff completed the registration of establishment of a mortgage on the building of the factory and the machinery and apparatus of a factory, the maximum debt amount of which is KRW 934,70,000,000, pursuant to the aforementioned mortgage agreement.
B. Meanwhile, on June 23, 2011, the Defendant: (a) provided credit guarantee by setting the principal debt amount to KRW 719,00,000, the guaranteed amount to KRW 647,100,000, and the guaranteed rate to KRW 90%; and (b) agreed to partially terminate the said credit guarantee in accordance with the guaranteed value when the list of machinery, apparatus, etc. of the instant collateral security is added as a special agreement on the said credit guarantee; and (c) accordingly, the said first credit guarantee agreement was partially reduced to KRW 502,00,000, the guaranteed amount to KRW 451,80,000,000 on February 28, 2012 (Maintenance of the guaranteed rate to KRW 90%).
(hereinafter referred to as the “instant credit guarantee contract”) C.
On October 1, 2013, the Plaintiff notified the Defendant of a guarantee accident due to delay in the repayment of interest by A, and on April 24, 2014, the Defendant claimed performance of the guarantee liability under the credit guarantee contract of this case. On May 13, 2014, the Defendant paid 485,385,676 won by subrogation to the Plaintiff under the credit guarantee contract of this case. Accordingly, on the same day, the Defendant concluded a contract under which the Plaintiff would transfer 46,593,227 won of the maximum debt amount of the mortgage of this case to the Defendant (hereinafter “the transfer contract of this case”).