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1. Defendant A’s year from August 25, 2020 to September 11, 2020 with respect to KRW 9,481,318 among the Plaintiff and its members.
Reasons
1. Facts of recognition;
A. On May 10, 2019, the Plaintiff’s claim for indemnity against Defendant A entered into a credit guarantee agreement (hereinafter “credit guarantee agreement of this case”) with Defendant A as follows. Defendant A received a loan from the Bank C (hereinafter “Non-Party Bank”) by collateraling a credit guarantee certificate issued by the Plaintiff pursuant to the said agreement.
D Under the instant credit guarantee agreement, Defendant A agreed to pay to the Plaintiff the amount paid by the Plaintiff for the performance of the guaranteed obligation, the delayed damages according to the rate set by the Plaintiff from the subrogation date to the repayment date, the expenses incurred by the Plaintiff in the performance of the guaranteed obligation, the expenses incurred by the Plaintiff in the transfer of the right acquired by the performance of the guaranteed obligation, the unpaid guarantee fees, etc.
On May 11, 2020, Defendant A lost the benefit of time for the obligations of bank loans to Nonparty A, and on August 25, 2020, the Plaintiff subrogated the payment of KRW 9,481,318 to Nonparty A.
Of the legal procedure costs incurred by the Plaintiff in order to preserve the above claim for reimbursement, the outstanding amount is KRW 18,270, and the interest rate on delayed damages determined by the Plaintiff from the date of the subrogation to the date of the closure of the pleadings of this case is 10% per annum.
B. Each of the instant real estate related to the instant sales contract was owned by Defendant A. On March 18, 2020, Defendant A entered into a sales contract with Defendant B to sell each of the instant real estate at KRW 240 million (hereinafter “instant sales contract”). Defendant B, based on the instant sales contract, completed the registration of ownership transfer on March 25, 2020.
[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The portion of claim for indemnity against Defendant A
A. Claim for reimbursement by the Plaintiff indicating the claim [9,49,58 won (the subrogated repayment amounting to KRW 9,481,318 and the legal procedure cost of KRW 18,270) and KRW 9,481,318.