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1. On March 28, 2016, concluded between the Defendant and C as to one-half share of the real estate listed in the separate sheet.
Reasons
1. Basic facts
A. The Plaintiff and D’s joint and several debt guarantee transaction agreement and C’s joint and several debt guarantee 1) on July 28, 2014 (hereinafter “D”).
In order to issue a letter of credit with a due date, the payment guarantee limit of US$ 1,000,000 and the payment guarantee transaction agreement between July 28, 2015 (hereinafter “instant payment guarantee transaction agreement”) shall be deemed as the payment guarantee transaction agreement between July 28, 2015.
C) On the same day, D’s representative director is the Plaintiff and D’s joint and several guarantee agreement between the Plaintiff and the Plaintiff (hereinafter “instant joint and several guarantee agreement”) which amounts to US$ 1,200,000 for the obligations under the instant payment guarantee transaction agreement against the Plaintiff.
The Plaintiff, Defendant, and D concluded the instant payment guarantee transaction agreement and the final maturity date of the joint and several liability agreement through each additional agreement on July 23, 2015 and July 18, 2016. 2) According to the instant payment guarantee transaction agreement, in the event that D’s principal obligation was paid by subrogation to the Plaintiff due to the failure of D’s principal obligation, D is obliged to reimburse the Plaintiff of the amount of subrogated payment and the expenses incurred by subrogation.
B. The Plaintiff’s letter of credit and the amount of credit issued by the Plaintiff pursuant to the instant payment guarantee transaction agreement was USD 9,096.05 ($ 1,000,000 as of March 31, 2016 - USD 900,903.95 as of March 31, 2016). The Plaintiff issued the L/C of USD 1,007,868.54 in total to D from April 6, 2016 to September 30, 2016. (2) while having traded the L/C using the L/C issued by the Plaintiff, the Plaintiff failed to pay for the total amount of credit from February 20, 2017 to February 30, 2017; and the Plaintiff paid for the total amount of credit from February 20, 2017 to April 30, 2017.
The amount of subrogated payment that occurred on the date of payment of the sequence 80,59,162 won on February 20, 2017: