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1. As to KRW 19,890,821 and KRW 19,890,692 among the Plaintiff, Defendant A shall be from November 2, 2017 to December 26, 2017.
Reasons
1. Facts of recognition;
A. On January 22, 2016, the term of guarantee for the original loan institution, such as a credit guarantee agreement, a credit guarantee accident, a subrogation, etc., concluded a credit guarantee agreement with the Plaintiff on December 20, 2020 (1) and Defendant A as indicated below [Attachment].
(hereinafter “instant credit guarantee agreement”). On January 22, 2016, Defendant A received a loan from D Bank as security a credit guarantee certificate issued under the said credit guarantee agreement, as set forth below, as stated in the following [Attachment].
(3) Defendant A did not pay interest on the date stipulated in the above loan agreement and caused a credit guarantee accident around June 2017. Accordingly, on November 2, 2017, the Plaintiff subrogated to the D Bank for KRW 20,286,082 ( principal) (=20,000,000 (interest on subrogation)).
(4) At the time of the conclusion of the credit guarantee agreement, the Plaintiff and Defendant A paid damages for delay on behalf of the Plaintiff for the performance of the credit guarantee obligation. The damages for delay are 12% per annum. The Plaintiff recovered 395,390 won from the Defendant and recovered 395,390 won, and the balance of the subrogated amount and the final delay damages based on the amount recovered, are as follows. Accordingly, the amount that Defendant A has to pay to the Plaintiff is 19,890,821 won (=19,890,692 won) and its delay damages. The amount that Defendant A has to pay to the Plaintiff is 20,286,082,395,390 won, 190 won, 890, 196, 91, 22,156 won, and 196 won.
B. On April 16, 2017, Defendant A entered into a sales contract with Defendant B (hereinafter “instant sales contract”) with respect to each real estate listed in the separate sheet (1) on the change of each real estate listed in the separate sheet (hereinafter “instant real estate”), and the registration of ownership transfer was completed on April 25, 201.
(2) As to the instant real estate, the Defendant on June 24, 2017.