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1. Defendant A’s KRW 21,704,902 for the Plaintiff and KRW 12% per annum from January 20, 2016 to May 5, 2016.
Reasons
1. The following facts can be acknowledged in full view of the purport of the entire pleadings in each statement of Gap evidence Nos. 1 to 8 (including each branch number, if any).
On December 4, 2014, Defendant A entered into a credit guarantee agreement with the Plaintiff and the credit guarantee principal, 2,1250,000 won, and the credit guarantee period until December 3, 2019 (hereinafter “the credit guarantee agreement in this case”).
Defendant A obtained a loan of KRW 25 million from the Nonghyup Bank as security on December 4, 2014.
B. The instant credit guarantee agreement contains a clause that, if Defendant A was unable to repay the amount of money borrowed by Defendant A within the term of guarantee, Defendant A shall pay the Plaintiff the amount of the Plaintiff’s subrogation and the damages for delay at the rate (12% per annum) determined by the Plaintiff from the date of full payment to the date of full payment.
C. On October 29, 2015, the Nonghyup Bank paid the Plaintiff, and Defendant A paid the final interest on August 2, 2015, and the same year.
9.4. The notice of credit guarantee accidents was given on the ground that the interest on the loan was in arrears.
On January 20, 2016, the Plaintiff subrogated to the Nonghyup Bank for KRW 21,70,000,000,000 from August 3, 2015 to January 19, 2016, subtracting KRW 6,310,00 from the interest rate of KRW 461,212 from the amount of credit guarantee principal and the interest thereon.
E. On August 21, 2015, Defendant B and Defendant A entered into a mortgage agreement with regard to the instant real estate listed in the separate list owned by the Defendant (hereinafter “instant real estate”) with the maximum debt amount of KRW 45 million, Defendant B, and Defendant A (hereinafter “mortgage agreement”). On the same day, the Daegu District Court received the instant real estate as the receipt of the inner branch of the Daegu District Court on the ground of the instant mortgage agreement.