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1. As to KRW 13,271,166 and KRW 12,746,60 among the Plaintiff and KRW 12,746,60, Defendant A shall be from September 25, 2014 to January 10, 2015.
Reasons
1. Basic facts
A. On January 18, 201, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with C to guarantee a loan from the Nonghyup Bank Co., Ltd. (hereinafter “CF”), which is set out on January 20, 2016 as the guaranteed principal amount of KRW 20,000,000, and the guarantee term of KRW 20,000,000, and Defendant A provided a joint and several surety for the credit guarantee obligations against the Plaintiff.
B. Upon entering into the instant credit guarantee agreement, C agreed to reimburse the Plaintiff for the amount of subrogated payment and damages for delay as determined by the Plaintiff from the date of repayment thereof (12% per annum from January 1, 2012, pursuant to Article 28 of the Regional Credit Guarantee Foundation Act), expenses incurred in the performance of guaranteed obligations, and expenses incurred in the preservation, transfer, and exercise of rights acquired from the performance of guaranteed obligations.
C. C submitted a credit guarantee statement issued in accordance with the credit guarantee agreement of this case to Nonghyup and borrowed KRW 20,000,000 from the said bank (hereinafter “instant loan”), but on April 22, 2014, a guarantee accident occurred due to overdue payment of the principal of the said loan.
Accordingly, on July 31, 2014, the Plaintiff subrogated for KRW 12,746,609 to Nonghyup, and as a result, the Plaintiff incurred KRW 289,880 from July 31, 2014 to September 24, 2014 234,677.
E. On the other hand, on June 13, 2013, Defendant B entered into a sales contract with the price of KRW 150,000,000 on each of the real estate listed in the separate sheet (hereinafter “instant real estate”) as the only property of Defendant B, which is one of its own property. The down payment of KRW 70,000,000 was paid on the date of the contract, and KRW 80,000,000 was paid on the date of the contract, and the remainder of KRW 80,000,000 was paid on the instant real estate in lieu of payment.
F. Defendant B shall have jurisdiction over the instant real estate registered at the Chuncheon District Court.