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1. As to KRW 18,518,098 and KRW 18,113,084 among the Plaintiff, Defendant A shall be from August 20, 2019 to November 17, 2019.
Reasons
1. Basic facts
A. On July 13, 2018, the Plaintiff and Defendant A entered into a credit guarantee agreement with Defendant A on July 12, 2019, and KRW 18,00,000 of the guaranteed amount. Defendant A submitted a credit guarantee agreement to C on the same day and received a loan of KRW 18,00,000. 2) When the Plaintiff performed the guaranteed obligation, the instant credit guarantee agreement provides that Defendant A shall pay the Plaintiff the amount of the guaranteed obligation, the amount of the guaranteed obligation discharged, the amount calculated by the interest rate and calculation method determined by the Plaintiff from the date of repayment to the date of repayment, the expenses incurred in performing the guaranteed obligation, and additional guarantee fees.
B. On December 4, 2018, Defendant A, by subrogation of the Plaintiff, lost the benefit of time due to the repayment of credit management information to C, and on August 20, 2019, the Plaintiff subrogated for KRW 18,113,084 in total to C, a corporation on August 20, 2019.
C. On March 27, 2018, Defendant A and Defendant B loaned KRW 300,000,000 to Defendant A for interest, and KRW 15,000,000 for maturity on August 31, 2018. (2) The Defendants paid interest on the foregoing loan claim on September 6, 2018, which is after the said maturity date, once more than September 6, 2018, and extended the maturity on September 6, 2018. To secure the above loan claim, Defendant B concluded a mortgage agreement with the maximum debt amount of KRW 20,00,000 for the real estate listed in the attached list owned by the Defendant A, and agreed to pay the principal amount of KRW 395,690 for the creation cost first and after Defendant B’s repayment.
3) On September 6, 2018, the Defendants concluded a mortgage agreement with a maximum debt amount of KRW 20,000,000 regarding the instant real estate (hereinafter “mortgage agreement”).
B. On September 7, 2018, Defendant A entered into the instant real estate under the name of Defendant B.