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Defendant A’s KRW 32,875,829 and KRW 32,549,750 among the Plaintiff and its KRW 10% per annum from October 16, 2019 to March 18, 2020.
Reasons
1. Facts of recognition;
A. (1) On July 15, 2016, the Plaintiff established under the Regional Credit Guarantee Foundation Act: (a) the amount guaranteed by Defendant A and the Defendant A shall be KRW 20,000,000; and (b) the term of guarantee shall be changed to July 21, 2017 (i.e., July 19, 2019). In the event that Defendant A fails to perform the principal obligation, the Plaintiff pays the principal obligation by subrogation within the scope of the guaranteed amount; (b) In this case, the Defendant A entered into a credit guarantee agreement with the Plaintiff to pay, in addition to the amount of subrogated payment, damages at an interest rate prescribed by the articles of incorporation of the Plaintiff; and (c) expenses incurred in the preservation and exercise of the Plaintiff’s claim for indemnity (hereinafter “Agreement 1”).
(C) Defendant A (hereinafter “C”) based on the Plaintiff’s credit guarantee on the same day.
(2) On October 17, 2017, the Plaintiff concluded a credit guarantee agreement with Defendant A with the same content as the preceding paragraph on October 17, 202, setting the guarantee period of KRW 12,750,000, and KRW 15,000,000 on the same day.
(hereinafter referred to as “the Second Agreement”). (b)
(2) On October 16, 2019, Defendant A paid a total of 32,549,750 won to C on October 16, 2019 (i.e., subrogated amount of KRW 20,559,905, the subrogated amount of KRW 11,989,845, the subrogated amount of KRW 20,59,905, the subrogated amount of KRW 20,559,905, the subrogated amount of KRW 11,989,845, the Plaintiff paid a total of 244,109, and the additional guarantee fee related to the first agreement is KRW 81,970.
Meanwhile, the interest rate on damages stipulated by the articles of incorporation is 10% per annum.
C. On February 22, 2019, Defendant A entered into a sales contract with Defendant B on each of the instant real estate listed in the separate sheet owned by the Defendants (hereinafter “instant real estate”). On the same day, Defendant A entered into a sales contract with Defendant B (hereinafter “instant each of the instant real estate”). The Daegu District Court’s registration office received on February 22, 2019, as Defendant B, respectively.