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1. As to KRW 294,257,967 and KRW 293,663,947 among the Plaintiff, Defendant A shall be from September 25, 2013 to November 18, 2013.
Reasons
1. Facts of recognition;
A. (1) Under the credit guarantee agreement, Defendant A entered into a credit guarantee agreement with the Plaintiff on May 24, 2012 with the maturity of KRW 297,50,00,000, and the guarantee period until May 23, 2017, and received KRW 350,000 from a national bank based on the credit guarantee agreement issued by the Plaintiff. (2) According to the said credit guarantee agreement, Defendant A shall pay to the Plaintiff the amount of the guaranteed obligation and the amount calculated by multiplying the amount of the guaranteed obligation to the Plaintiff by the rate determined by the Plaintiff from the date the guaranteed obligation is repaid to the date the guaranteed obligation is repaid, and the expenses incurred in the preservation, transfer, and exercise of the right acquired through the performance of the guaranteed obligation is 12% per annum determined by the Plaintiff.
B. On July 26, 2013, a guarantee accident and a subrogation (1) occurred to Defendant A, and the Plaintiff subrogated to the National Bank for the principal amounting to KRW 295,002,657 (i.e., principal amounting to KRW 291,302,084) on September 25, 2013. (2) The Plaintiff recovered from the Defendant and appropriated the principal amount of KRW 1,338,710, out of the amount of subrogated payment, and appropriated it to the principal amount of the amount of the subrogated payment, and the fixed damages for delay on the amount recovered are KRW 440.
3) Of the legal process costs incurred by the Plaintiff in order to preserve its claim for reimbursement against Defendant A, the remaining balance is KRW 593,580. (c) Defendant A’s disposal disposition 1) Defendant A entered into a pre-sale agreement with Defendant B on July 16, 2013 with respect to the real estate indicated in the separate sheet (1) as its own ownership on July 16, 2013, and registered the right for claim for ownership transfer in the future of Defendant B on the following day.
(2) On August 21, 2013, Defendant A sold real estate listed in the [Attachment List (2) that he/she owns, and sold to Defendant C (496/158 of shares), who is a joint right holder of the said real estate, and made a transfer of shares on the same day (hereinafter “instant sales contract”).
D. At the time of the above disposal of the Defendant A’s insolvency, the Defendant A was listed in the [Attachment A] list (1).