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1. Defendant A Co., Ltd.: (a) KRW 152,674,390 among the Plaintiff and KRW 151,350,350 among the Plaintiff, from June 25, 2015 to September 2015.
Reasons
1. Facts of recognition;
A. Under C’s joint guarantee, Defendant A Co., Ltd. entered into an export credit guarantee agreement between the Plaintiff and the Plaintiff with a limit of 150,000,000 won, guarantee period from August 12, 2014 to August 11, 2015 (hereinafter “instant agreement”), and accordingly, received an export credit guarantee agreement from the Plaintiff.
Defendant A corporation agreed to pay the amount subrogated by the Plaintiff according to the instant contract in addition to the interest on delay calculated at the rate of 11% per annum from the day following the date of subrogation.
B. Defendant A Co., Ltd. submitted the export credit guarantee certificate issued by the Plaintiff to the Industrial Bank of Korea, and borrowed KRW 150,000,000 from the said bank.
C. (1) On May 20, 2015, Defendant A Co., Ltd. caused an export credit guarantee accident due to natural substances. Accordingly, on June 24, 2015, the Plaintiff subrogated the said bank with the principal amount of KRW 150,000,350 (i.e., the principal amount of KRW 1,350,350,350) (i.e., the principal amount of KRW 150,000,000). (ii) The Plaintiff spent KRW 1,324,040 by subrogation to preserve the said claim.
dispositive act Defendant A Co., Ltd. completed the registration of ownership transfer in the name of Defendant A Co., Ltd. on the ground of sale on November 12, 2014 (hereinafter “instant sale”) under Article 89122, which was received from the Seoul Southern District Court’s registration office, for the real estate listed in the separate sheet (hereinafter “instant real estate”).
E. The financial condition of Defendant A Co., Ltd. around December 2014, the total capital amounting to KRW 3,095,000,000 for total capital and KRW 2,939,000 for total debt amounting to KRW 156,00 for total debt amounting to KRW 2,00,000 for total debt amounting to KRW 1,50,000 for total debt amount. Meanwhile, the market price around November 12, 2014, which was at the time of the sale of the instant real estate, is KRW 610,00,000 for the market price.
Before the sale of the instant real estate, the establishment registration of the mortgage-backed claims amounting to KRW 500,000,000, out of the maximum debt amount set by the Industrial Bank of Korea, has been completed.