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1. From July 26, 2016 to August 18, 2016, Defendant A’s KRW 170,736,460 and KRW 170,736,202 among the Plaintiff.
Reasons
1. Facts of recognition;
A. On March 6, 2009, the Plaintiff entered into a credit guarantee agreement with Defendant A, which provides a credit guarantee principal of KRW 200 million, and the credit guarantee period from March 6, 2009 to March 5, 2010 (hereinafter “instant agreement”). On the same day, pursuant to the instant agreement, the Plaintiff issued to Defendant A a written credit guarantee agreement with the guarantee period of KRW 200 million (the same shall also apply to the amount of loan) and March 5, 2010 (the period of guarantee after this change was changed to six times and finally changed to February 24, 2017). Defendant A obtained a loan of KRW 200 million from the Busan Bank as collateral (hereinafter “instant loan”).
B. According to the agreement of this case, when the plaintiff performed the guaranteed obligation, the debtor is obliged to pay to the plaintiff the amount of the performance of the guaranteed obligation, damages at the interest rate as determined by the plaintiff from the date of repayment of the guaranteed obligation to 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 of the guaranteed obligation,
C. On May 25, 2016, the Plaintiff notified the Busan Bank of the occurrence of an insolvent credit guarantee accident due to a natural body on May 17, 2016. On July 26, 2016, the Plaintiff subrogated to the Busan Bank of Korea for KRW 171,679,655 (i.e., principal interest of KRW 170,00,000 (= KRW 1,679,655).
The plaintiff recovered KRW 943,453 from the defendant A after subrogation and appropriated it for the principal and appropriated it for the principal (=170,736,202 won (=171,679,655 won - 943,453 won). The damages for delay up to the time appropriated for the principal amount was 258 won.
E. On April 5, 2016, Defendant A entered into a mortgage agreement (hereinafter “instant mortgage agreement”) with Defendant B on the real estate indicated in the separate sheet (hereinafter “the instant forest”) that he/she owned with Defendant B, and on the same day.