beta
Text
1. As to KRW 40,586,247 and KRW 40,191,348 among the Plaintiff, Defendant A’s year from January 23, 2019 to March 13, 2019.
Reasons
1. Basic facts
A. On November 19, 2015, the Plaintiff entered into a credit guarantee agreement with Defendant A on November 19, 2015, stipulating that the principal of the credit guarantee principal be KRW 42,50,000 (the change to KRW 39,525,000 thereafter) and November 21, 2016 (the extension to November 20, 2018 thereafter) shall be made on November 21, 2016 (the extension to November 20, 2018).
(hereinafter “instant credit guarantee agreement.” When entering into the instant credit guarantee agreement, Defendant A agreed to pay the Plaintiff the amount of subrogation paid by the Plaintiff to the Plaintiff and the damages for delay in accordance with the rate determined by the Plaintiff from the date of subrogation to the date of repayment, the legal procedure cost incurred by the Plaintiff in order to enforce or preserve its rights, additional guarantee fee, etc.
B. Defendant A submitted a letter of credit guarantee issued by the Plaintiff under the instant credit guarantee agreement and borrowed KRW 50,000,000 from the Industrial Bank of Korea on November 19, 2015.
C. On September 22, 2018, as Defendant A’s natural body lost the benefit under the above loan agreement, the Plaintiff subrogated for KRW 40,191,348 to C Co., Ltd. on January 23, 2019.
The plaintiff spent KRW 289,289 as the legal procedure cost for preserving the execution of the claim for indemnity, and there was KRW 105,610 as additional guarantee fee.
On the other hand, the rate of damages for delay determined by the Plaintiff as to the amount of subrogated payment for guaranteed obligation is 10% per annum from the date of payment
E. On November 7, 2018, Defendant A entered into a mortgage agreement of KRW 200,000,000 with respect to each real estate indicated in the separate sheet, which is the only property of Defendant B, as indicated in the separate sheet (hereinafter “instant mortgage agreement”) with Defendant B, and received on November 8, 2018, the Suwon District Court received the said agreement.