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1. The Defendant’s KRW 418,322,230 and KRW 149,825,839 among the Plaintiff’s KRW 12% per annum from January 8, 2015 to January 15, 2015.
Reasons
1. Determination as to the cause of claim
A. 1) B is a credit guarantee agreement with the Plaintiff on July 14, 200 and the guaranteed amount of KRW 162 million (hereinafter referred to as the “credit guarantee agreement of this case”).
A) On August 11, 200, the Defendant concluded a joint and several guarantee. B obtained a loan of KRW 180 million from the Dong Agricultural Cooperative as security. B subrogated for KRW 181,843,510 on April 30, 2003 in accordance with the credit guarantee agreement of this case, the Plaintiff on September 5, 2003, upon applying for a payment order against the Defendant on September 5, 2003, the Changwon District Court decided on September 5, 2003 that “The Defendant shall pay the Plaintiff the payment amount of KRW 181,843,510 under the credit guarantee agreement of this case and the payment order of KRW 18% per annum from April 30, 2003 to the date of full payment.”
3) On December 30, 2004, the Plaintiff received dividends of KRW 36,917,587 in the real estate auction procedure at Changwon District Court Seoyang Branch C real estate branch, and appropriated the amount of KRW 32,017,671 in subrogation and damages of KRW 4,89,916 among the Defendant’s obligations under the credit guarantee agreement of this case. 4) On February 4, 2005, the Changwon District Court ordered the Plaintiff to pay the amount of KRW 158,060,420 in subrogation under the credit guarantee agreement of this case. The above payment order became final and conclusive on May 24, 2005.
5) As of January 7, 2015, the remainder of the amount of subrogation under the credit guarantee agreement of this case as of January 7, 2015 is KRW 149,825,839 (amounting to 32,017,671, out of the amount of subrogated reimbursement of KRW 181,843,510, the amount of damages is KRW 32,017,671, and the amount of damages is KRW 268,496,391, and the Plaintiff filed an application for the instant payment order against the Defendant on January 9, 2015, and the Defendant raised objection thereto.