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1. As to KRW 51,217,135 and KRW 50,675,435 among the Plaintiff, Defendant A’s year from May 3, 2013 to May 28, 2013.
Reasons
1. Basic facts
A. On December 24, 2009, the Plaintiff entered into a credit guarantee agreement with Defendant A to the end of December 24, 2010 with the guaranteed principal as well as the guarantee period until December 24, 2010 (the guarantee period has been extended by December 20, 2013). The Defendant A borrowed KRW 50,000,000 from the new bank on December 28, 2009 as collateral with the credit guarantee certificate issued by the Plaintiff under the said credit guarantee agreement.
B. When Defendant A lost the benefit of the term of the above loan obligations due to the application for the natural body and the individual rehabilitation on February 27, 2013, the Plaintiff subrogated for KRW 50,675,435, the principal and interest in arrears by Defendant A upon the request of the above bank on May 3, 2013, and recovered KRW 94,930, out of the amount paid by substitute payment, after paying KRW 636,630, the amount of damages for delay from May 3, 2013, which was determined by the Plaintiff, is 12% per annum.
C. On March 26, 2013, Defendant A entered into a sales contract for 1,841 square meters (hereinafter “instant sales contract”) with Defendant B, who owns the instant real estate, in excess of his/her debt, with Defendant B (hereinafter “instant real estate”). On March 26, 2013, Defendant B completed the registration of ownership transfer with the Daejeon District Court’s Busan District Court’s ASEAN Branch Office No. 17402, Mar. 26, 2013.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 8 (including more than each branch number), the purport of the whole pleadings
2. According to the facts of the above recognition as to the claim against Defendant A, Defendant A is obligated to pay to the Plaintiff 51,217,135 won (=payment by subrogation 50,675,435 won + substitute payment 636,630 won + collection by subrogation 94,930 won) and, among them, payment by subrogation 50,675,435 won, which is the date of subrogation, from May 3, 2013 to May 28, 2013, which is the final delivery date of the copy of the complaint of this case, 12% per annum as stipulated in the credit guarantee agreement, and damages for delay calculated at the rate of 20% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.
3. Claim against the Defendant B