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1. The Plaintiff:
A. Defendant A shall complete the payment of KRW 21,602,628 and KRW 21,416,279 among them from June 25, 2014.
Reasons
1. Facts of recognition;
A. On July 5, 2010, the Plaintiff entered into a credit guarantee agreement with the network D, and the network D obtains a loan from the Gyeongnam Bank, issued to the Gyeongnam Bank a written credit guarantee of KRW 12,000,000 of the guaranteed amount, and the Defendant A jointly and severally guaranteed the network D’s obligation related to the said credit guarantee agreement.
B. In addition, on November 7, 2011, the Plaintiff entered into a credit guarantee agreement with the network D, and the network D obtains a loan from the National Bank, issued to the National Bank a written credit guarantee of KRW 18,200,000 of the guaranteed amount, and the Defendant A guaranteed the network D’s debt related to the said credit guarantee agreement.
C. After that, the Plaintiff, upon receiving a claim for the performance of guaranteed obligations from the Gyeongnam Bank and the National Bank, subrogated each of KRW 4,042,692, total amount of principal and interest of loan to the Gyeongnam Bank, and KRW 17,586,797, respectively.
According to each credit guarantee agreement between the plaintiff and the network D, when the plaintiff performs the guaranteed obligation, the network D pays to the plaintiff the amount of the repayment of the guaranteed obligation paid by the plaintiff, and damages for delay calculated at the rate of 12% per annum from the date of payment, and the expenses for claims preservation measures.
E. The Plaintiff recovered KRW 213,210 out of the total amount of KRW 21,629,489 (= KRW 4,042,692, KRW 17,586,797), which was subrogated by the Plaintiff, on June 25, 2014. The damages for delay incurred from the subrogation for KRW 213,210 from the date of recovery to the date of recovery are KRW 69,00,000 for the amount of damages for delay incurred from the subrogation for KRW 213,210, and the costs for the
F. The deceased on April 6, 2014, Defendant A, Defendant B, and C, the wife, were co-inheritors. On April 25, 2014, the Defendants filed a report on the inheritance limited qualification approval with the Changwon District Court Branch Branch Branch Decision 2014Mo235 on April 25, 2014, and was adjudicated to accept it on February 11, 2015.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 1, the purport of the whole pleadings
2. Determination on the cause of the claim.