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1. Defendant A’s year from May 4, 2013 to September 30, 2013 for KRW 21,328,044 and KRW 20,028,750 among them to the Plaintiff.
Reasons
1. Basic facts
A. On July 27, 2011, the Plaintiff entered into a credit guarantee agreement with Defendant A by setting the term of “20,000,000 won of the credit guarantee principal” and “the term of guarantee” as of July 26, 2012 (hereinafter “instant credit guarantee agreement”).
(2) Upon entering into the instant credit guarantee agreement, Defendant A agreed to reimburse the Plaintiff with the amount of subrogation and damages for delay calculated by the Plaintiff from the date of repayment (as from January 1, 2012 to 12% per annum under Article 28 of the Regional Credit Guarantee Foundation Act), expenses incurred in the performance of guaranteed obligations, expenses incurred in the preservation, transfer, and exercise of rights acquired from the performance of guaranteed obligations, guarantee fees, etc.
B. In the event of a loan implementation and a credit guarantee accident, Defendant A submitted a credit guarantee certificate issued pursuant to the credit guarantee agreement of this case on July 29, 201 to the Gangseo-dong Saemaeul Community Fund (hereinafter “Sungdong Community Fund”) and borrowed KRW 20,000,000, but the credit guarantee accident occurred on August 23, 2012.
C. On November 13, 2012, the Plaintiff paid 20,028,750 won to community credit cooperatives ( principal of KRW 20,000,000) (interest of KRW 28,750). The Plaintiff spent 166,710 won as the cost of taking measures for preserving claims due to Defendant A’s credit guarantee accidents. The Plaintiff paid 1,132,584 won for delay from the date of subrogation until May 3, 2013.
On September 12, 2012, Defendant A’s dispositive act concluded a mortgage agreement with Defendant B regarding the real estate listed in the separate sheet owned by Defendant A (hereinafter “instant real estate”) with a maximum debt amount of KRW 50,000,000 (hereinafter “mortgage agreement”). On the same day, Defendant B concluded a mortgage agreement with Defendant B on September 12, 2012, and completed the registration of Gangnam District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch and the registration of establishment of mortgage with Defendant B under Article 30296.
E. Defendant A’s own means at the time of establishing the instant mortgage.