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1. As to the Plaintiff, Defendant A’s KRW 16,639,893 and KRW 16,639,534 among them, the year from February 26, 2020 to March 18, 2020.
Reasons
1. Facts of recognition;
A. On March 16, 2018, the Plaintiff entered into a credit guarantee agreement with Defendant A as of March 16, 2018 (hereinafter “the credit guarantee agreement of this case”) and as of March 16, 2023 (hereinafter “the credit guarantee agreement of this case”). Accordingly, Defendant A was loaned KRW 20,000 from the bank as a security for the credit guarantee issued by the Plaintiff.
B. From December 17, 2019, Defendant A delayed repayment of the principal and interest of C Bank from December 17, 2019, and the Plaintiff, upon the request of C Bank, paid on behalf of the Plaintiff KRW 16,795,824, the overdue loan doctrine on February 26, 2020.
(c)
According to the credit guarantee agreement of this case, Defendant A provides that the Plaintiff shall pay the amount of the guaranteed obligation to the Plaintiff when the Plaintiff performed the guaranteed obligation, ② the rate determined by the Plaintiff from the date of performance to the date of repayment, ③ the expenses incurred in the performance of the guaranteed obligation, ④ the expenses incurred in the preservation, transfer, and exercise of the right acquired through the discharge of the guaranteed obligation, ⑤ the unpaid guarantee fee, overdue guarantee fee, additional guarantee fee, and ④ the amount paid under the above paragraphs (3) and (4) the delayed compensation, etc. calculated by multiplying the amount paid to the Plaintiff by the rate determined by the Foundation from the date of payment to the date of repayment (Article 10), and the rate of damages determined by the Plaintiff after January 1, 2020 is 7% per annum, and the recovered amount is 156,290 won, and 359 won final damages.
(d)
Meanwhile, Defendant A entered into a sales contract on February 25, 2019 (hereinafter “instant real estate”) with respect to each of the real estate listed in the separate sheet (hereinafter “instant real estate”) on the part of Defendant B, Nice, and caused the sales contract by the same reason.
3. 11. The registration of the transfer of ownership (the transaction value of KRW 160 million) was completed;
E. At the time of the instant sales contract, Defendant A was in excess of his/her obligation due to a large number of small assets than active assets.
[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 8, the purport of the whole pleadings
2. The fact of the recognition of the claim against the defendant A.