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1. As to KRW 705,894,153 among the Plaintiff and its KRW 713,503,747, and the Defendant’s KRW 405,894,153 from May 26, 2016 to December 16, 2016.
Reasons
1. Facts of recognition;
A. To enable the Plaintiff to obtain a loan from a national bank, the Plaintiff and the Defendant entered into a credit guarantee agreement (hereinafter “the first credit guarantee agreement of this case”) with the term of November 7, 2012, as set forth in the credit guarantee agreement (hereinafter “the first credit guarantee agreement of this case”) with the term of November 7, 2013 as the guaranteed amount of 182,80,000,000 won (up to November 26, 2015) and the term of November 7, 2013 (up to November 4, 2016), ② as of July 9, 2015, the credit guarantee agreement of KRW 25,000,000, and the term of guarantee (hereinafter “the instant credit guarantee agreement of this case”) with each of the Plaintiff’s credit guarantee agreements with the term of July 8, 2016 (hereinafter “the respective credit guarantee agreement of KRW 20,000,000).
B. In order to enable the Plaintiff to obtain a loan from the Industrial Bank of Korea, B, a private company run by the Defendant, entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with the Defendant, with the coverage of the amount of deposit KRW 300,000,000 as of April 9, 2013, and the term of guarantee until April 8, 2014 (up to April 8, 2016) (hereinafter “the instant credit guarantee agreement”). The Defendant borrowed the Plaintiff’s credit guarantee amount of KRW 300,00,000 from the Industrial Bank of Korea as security.
C. On May 26, 2016, the Plaintiff: (a) subrogated for KRW 533,032,609 to the National Bank on behalf of the Defendant based on each credit guarantee agreement under Articles 1 through 3 of the instant case; (b) recovered KRW 127,138,456 out of the amount of subrogated payment; (c) on June 16, 2016, the Industrial Bank of Korea subrogated for KRW 304,46,85 pursuant to the instant credit guarantee agreement.
As a result, 710,361,038 won (i.e., 533,032,609 won 304,466,885 won - 127,138,456 won) out of the amount of subrogated payment under each credit guarantee agreement of this case remains the principal of indemnity, and it is out of the amount of subrogated payment under each credit guarantee agreement of this case.