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1. As to KRW 59,232,554 and KRW 59,232,147 for the Plaintiff, Defendant A shall be from December 21, 2017 to January 21, 2018.
Reasons
1. Facts of recognition;
A. (1) On May 3, 2016, the Plaintiff entered into a credit guarantee contract with Defendant A, a Korean Bank Co., Ltd. (hereinafter “National Bank”), with respect to the obligation to return loans that Defendant A would receive from Defendant A (hereinafter “Korean Bank”), and issued a credit guarantee contract (hereinafter “instant credit guarantee contract”) with the term of April 30, 2021 as to the credit guarantee principal, as long as the term of guarantee expires, and issued a credit guarantee certificate. Defendant A borrowed KRW 100,000,000 from the Korean Bank on May 4, 2016 (hereinafter “instant loan”).
(2) According to the instant credit guarantee agreement, where Defendant A was unable to repay the instant loan, and the Plaintiff subrogated for it, Defendant A paid the Plaintiff the amount of subrogated payment and damages for delay calculated at the rate of 10% per annum, which is the interest rate determined by the Plaintiff.
B. If Defendant A, such as subrogation due to a credit guarantee accident, caused a bad credit guarantee accident on October 12, 2017, the Plaintiff subrogated for KRW 60,720,591 to the National Bank on December 21, 2017. On the same day, the Plaintiff recovered KRW 1,48,444 from Defendant A to recover KRW 59,232,147 ( KRW 60,720,591 - 1,48,444), and the amount of the subrogated principal was KRW 407.
C. (1) On July 30, 2003, Defendant B entered into a contract with Defendant A to sell products produced and supplied by Defendant A (hereinafter “instant sales contract”) and paid Defendant A KRW 50,000,000 as security money.
(2) On September 7, 2017, Defendant A entered into a mortgage agreement (hereinafter “instant mortgage agreement”) with Defendant B on the real estate indicated in the separate sheet (hereinafter “instant real estate”) and on the same day, Defendant B entered into a mortgage agreement with the Busan District Court, which became the Defendant B with the maximum debt amount of the instant real estate, and the registration of establishment of a mortgage on the said real estate as Defendant A, Defendant A, and Defendant B.