beta
Text
1. As to KRW 38,973,301 and KRW 38,480,295 among the Plaintiff, Defendant A shall be from December 19, 2013 to March 13, 2014.
Reasons
1. Facts of recognition;
A. (1) The Plaintiff, a credit guarantee agreement (1) on August 1, 2008, issued a credit guarantee certificate to guarantee the principal and interest of a loan from the Industrial Bank of Korea by issuing a credit guarantee certificate up to 42,500,000 won and up to July 31, 2009 to guarantee the principal and interest of a loan.
On the other hand, the credit guarantee term was finally changed several times, and it became July 25, 2014.
(2) In providing the above credit guarantee, the Plaintiff agreed to pay the amount of the guaranteed obligation and the amount calculated by the ratio and calculation method determined by the Plaintiff Credit Guarantee Fund from the date of repayment to the date of repayment of the guaranteed obligation when the Plaintiff’s Credit Guarantee Fund was unable to repay the guaranteed obligation between Defendant A and the above bank, and the compensation calculated by the Plaintiff’s Credit Guarantee Fund and the procedural costs for the preservation
B. As a credit guarantee accident and subrogation (1) Defendant A delayed payment of interest on the above loan from October 6, 2013, and the credit guarantee accident occurred due to the loss of profit by October 31, 2013, the said bank notified the Plaintiff of the credit guarantee accident and claimed for the performance of the loan obligation.
Accordingly, on December 19, 2013, the Plaintiff paid the principal and interest of 38,777,275 won to the bank above on December 19, 2013, but recovered 296,980 won on the same day and appropriated it for partial repayment, the amount of subrogated payment (=38,77,275 won - 296,980 won) was 38,480,295 won, and the amount of subrogated payment was 97,77,777,275 won, - 296,980 won due to subrogation.
(2) The interest rate in arrears determined by the Plaintiff pursuant to the credit guarantee agreement is 12% per annum from the date of subrogation until the date of payment.
C. Defendant A’s transfer of collateral security right (1) was the establishment registration of collateral security right based on a contract establishing a collateral security right as of May 28, 2008 with the Suwon District Court Branch No. 60259, May 28, 2008, which was the maximum debt amount of KRW 50,000,000, the debtor D, and the Defendant A with respect to the real estate listed in Annex D 2.