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1. As to KRW 82,269,269 and KRW 81,909,729 among the Plaintiff and KRW 81,90,729, Defendant A, as to the Plaintiff, from December 30, 2014 to April 18, 2015.
Reasons
1. Facts of recognition;
A. On November 6, 2012, the Plaintiff: (a) deemed that the Plaintiff performed the guaranteed obligation after the expiration of the said credit guarantee period from November 6, 2012 to November 5, 2013; (b) concluded a credit guarantee agreement with Defendant A (hereinafter “the instant credit guarantee agreement”); and (c) issued a credit guarantee agreement with Defendant A as a guarantor to the Industrial Bank of Korea on the same day.
Accordingly, Defendant A was given a loan of KRW 100,000,000 from the Industrial Bank of Korea as security for the said credit guarantee certificate.
(hereinafter “instant loan”). (b)
At the time of the instant credit guarantee agreement, Defendant A agreed to repay the amount of the performance of the guaranteed obligation and the amount of damages calculated by multiplying the amount of the performance of the guaranteed obligation by the rate set by the Plaintiff from the date of the performance of the guaranteed obligation until the date of repayment of the guaranteed obligation, expenses incurred in the performance of the guaranteed obligation, expenses incurred in the preservation, transfer and exercise of the right acquired through the performance
C. Around September 12, 2014, Defendant A caused a credit guarantee accident (hereinafter “instant place of business”) that closes down his/her place of business (hereinafter “instant place of business”). The Plaintiff subrogated the Bank of Korea for KRW 81,909,729, total amount of principal and interest of the instant case, etc. to the Bank on December 30, 2014 upon the Industrial Bank of Korea’s request to discharge guaranteed liability.
The penalty accrued pursuant to the credit guarantee agreement of this case is KRW 155,780, and the provisional disposition cost paid by the Plaintiff to preserve the rights acquired by the Plaintiff as a result of the discharge of the guaranteed obligation is KRW 203,760. Meanwhile, the rate of damages determined by the Plaintiff is 12% per annum from December 1, 2012 to December 12.
E. Meanwhile, around August 1, 2014, Defendant A is the fundamental property of the instant workplace, the sole asset between Defendant B and Defendant B.