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1. The Plaintiff:
A. From June 26, 2015 to August 31, 2015, Defendant A’s KRW 107,209,716 and KRW 105,773,243 among them.
Reasons
1. Common factual relations;
A. Credit guarantee and loan background - Defendants’ fraud (1) - commercial banks such as Co., Ltd. (hereinafter “C”) made loans to stabilize the housing of homeless workers, with the knowledge that the loans are made at a rate lower than the market interest rate through a formal examination if only certain documents, such as employment certificate, etc., and a charter contract, are prepared to acquire the loans by fraud, by using the same, with the knowledge that the loans are made at a rate lower than the market interest rate.
(2) Accordingly, Defendant A and Defendant B prepared a false charter agreement on the Namyang-si D and E owned by Defendant B, and submitted it to C along with a false certificate of employment when applying for a loan of housing charter fund.
(3) Meanwhile, on July 31, 2014, as an institution entrusted with the Plaintiff’s business, C concluded a credit guarantee agreement with Defendant A to guarantee the full-time housing loan amounting to KRW 126 million with the guaranteed principal, and issued a credit guarantee agreement with the period from July 31, 2014 to August 1, 2016, in order to guarantee the full-time housing loan amounting to KRW 113.4 million with the guaranteed principal.
Under the above credit guarantee agreement, Defendant A agreed to pay damages at the rate determined by the Plaintiff when the Plaintiff fulfilled the credit guarantee obligation, and the damages therefrom are 12% per annum until August 31, 2015, and thereafter up to eight percent per annum.
(4) On July 31, 2014, C loaned KRW 126 million to the above Defendant based on the credit guarantee certificate and documents submitted by Defendant A.
B. (1) The Plaintiff’s subrogation, etc. (1) Defendant A lost the benefit of time by delaying the repayment of the principal and interest of the above loan, and upon the Plaintiff’s request, the Plaintiff subrogated for the total amount of KRW 115,435,410 on June 25, 2015.
(2) Since then, the Plaintiff received partial payment as follows and appropriated the principal, thereby making the principal remainder of KRW 105,773,243, and 1,436.