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1. As to KRW 92,874,141 and KRW 91,259,11 among the Plaintiff, Defendant A shall be from October 14, 2019 to December 22, 2019.
Reasons
1. Facts of recognition;
A. On December 6, 2017, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with C Co., Ltd. (hereinafter “C”) with respect to C’s loan (a loan-backed D Bank), under which the guaranteed amount of KRW 90,000,000 and the guaranteed period of December 5, 2018 (which shall be extended to December 5, 2019) (hereinafter “the instant credit guarantee agreement”). On the same day, Defendant A guaranteed the Plaintiff’s liability for indemnity arising from the said credit guarantee agreement.
B. On July 24, 2019, C caused a credit guarantee accident due to delay in the payment of principal and interest. On October 14, 2019, the Plaintiff subrogated to D Bank for KRW 91,259,111.
In addition, there were KRW 1,615,030 of the legal procedure cost to be borne by C under the credit guarantee contract of this case.
C. On April 23, 2019, Defendant A entered into a division of property according to divorce (hereinafter “instant division contract”) with Defendant B on the real estate listed in the separate sheet (hereinafter “instant real estate”). On April 24, 2019, Defendant B terminated ownership transfer registration (Seoul East District Court No. 60768) in the name of Defendant B.
On July 3, 2019, Defendant B cancelled the right to collateral security (the maximum amount of claim 120,000,000 won) in the name of the Industrial Bank of Korea of the mortgagee on the instant real estate. On the same day, Defendant B established the right to collateral security (the maximum amount of claim 120,000,000 won) in the name of the Industrial Bank of Korea of Korea on the same day.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings
2. According to the facts of the determination as to the claim against the defendant A, the defendant A shall pay to the plaintiff the total amount of the above indemnity amount of KRW 92,874,141 (=the legal procedure costs of KRW 91,259,111) and the subrogated amount of KRW 91,259,111, which shall be paid by the plaintiff, from October 14, 2019 to December 22, 2019, the delivery date of a copy of the complaint of this case, from October 14, 2019 to December 22, 2019.