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1. Defendant B’s annual interest in KRW 79,073,575 and KRW 78,452,545 among the Plaintiff, from January 10, 2017 to August 2, 2018.
Reasons
1. Facts of recognition;
A. (1) The Plaintiff’s occurrence of the preserved claim is as follows: Defendant B, who operated the wholesale and retail business of bedclothes with the trade name “D”, was merged with Defendant B Co., Ltd. (hereinafter “E”) and changed its trade name into F by absorbing F.
() In obtaining a loan of KRW 100 million from Defendant B on November 27, 2014, the credit guarantee agreement (hereinafter “credit guarantee agreement”) between Defendant B and the credit guarantee period from November 27, 2014 to November 25, 2016 is stipulated as the credit guarantee agreement (hereinafter “credit guarantee agreement”).
(2) On November 27, 2014, the Plaintiff agreed to receive payment of KRW 100,000 from Defendant B, the amount of the performance of the guaranteed obligation, the amount of damage and penalty in accordance with the interest rate determined by the Plaintiff, the amount of compensation, the amount of compensation for indemnity, and the expenses required for the legal procedure for the exercise of the claim for indemnity. (2) On November 27, 2014, the Plaintiff issued to E a credit guarantee form with the principal of the credit guarantee amount of KRW 90,000,000 in accordance with the said credit guarantee agreement. On November 27, 2014, E extended a loan to Defendant B as the general fund for business operation on the basis of the Plaintiff’s credit guarantee.
3) On November 25, 2016, Defendant B, who was unable to repay the above loans to E on the same day, caused a credit guarantee accident as principal due to the same day. On January 10, 2017, Defendant B subrogated Defendant B’s outstanding principal and interest amounting to KRW 78,452,545 (i.e., principal and interest amounting to KRW 77,967,390) to E (i.e., principal and interest amounting to KRW 485,155). Meanwhile, the legal expenses incurred by the Plaintiff to preserve the claim for indemnity amount amounting to KRW 415,60, and the contractual penalty amount amounting to KRW 205,430, and the amount of damages determined by the Plaintiff’s disposal act by Defendant B from February 1, 2016 to KRW 10,000 annually.
(1) The contract to give gift (hereinafter referred to as “instant donation contract”)
The defendant C concluded the apartment of this case on March 14, 2016.