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1. As to KRW 20,947,636 and KRW 19,424,370 among the Plaintiff, Defendant A shall be from November 7, 2017 to November 21, 2017.
Reasons
1. Facts of recognition;
A. The Plaintiff and Defendant A entered into a credit guarantee agreement with Defendant A as of August 26, 2015, with a view to guaranteeing the payment of the amount of general corporate driving loans owed by Defendant A to C Bank, as of August 26, 2015, as the guaranteed amount of KRW 20,000,000, and as of August 25, 2016.
(hereinafter “instant credit guarantee agreement”). (b)
Defendant A received a credit guarantee certificate from the Plaintiff under the instant credit guarantee agreement and borrowed funds from C Bank on September 4, 2015, but delayed payment of interest after June 5, 2017, resulting in a credit guarantee accident under the instant credit guarantee agreement.
C. On November 7, 2017, the Plaintiff subrogated the C Bank for KRW 19,424,370 pursuant to the instant credit guarantee agreement.
Meanwhile, according to the credit guarantee agreement of this case, when the plaintiff performed the guaranteed obligation, the damages for delay shall be paid according to the prescribed interest rate (12%) set by the plaintiff from the date of the performance to the date of full payment, and the legal procedure expenses incurred for the enforcement or preservation of the claim for reimbursement shall be also paid. If the plaintiff's obligation for the performance of the guaranteed obligation is not terminated due to the failure to perform the principal obligation within the guarantee period, the additional guarantee fee shall be paid according to the rate and calculation method set by the plaintiff. The legal procedure expenses balance are 1,46,266 won, and additional guarantee fees are 57,00 won.
Attached Form
On February 17, 2006, the real estate indicated in the list (hereinafter “instant apartment”) was owned by the Defendants (each of the shares 1/2) and on April 7, 2017, the Defendants entered into a share purchase contract with the Defendants to sell the instant apartment shares to Defendant B (hereinafter “instant purchase contract”) and accordingly, completed the transfer registration of ownership as the Busan District Court’s receipt No. 45816, May 30, 2017.