Text
1. From April 25, 2019 to June 25, 2019, Defendant A’s KRW 20,648,82 and KRW 20,184,656 among the Plaintiff.
Reasons
1. Facts of recognition;
A. (1) On April 24, 2015, the Plaintiff entered into a credit guarantee agreement with Defendant A on the part of the Plaintiff’s credit guarantee agreement and the credit guarantee agreement (1) with respect to the obligation to repay a loan to be borne by Defendant A by receiving a loan from a financial institution, and issued a credit guarantee agreement (the letter of credit guarantee: C, the date of guarantee: April 24, 2015; 25,000,000, and the guaranteed amount: 25,000,000 won: D Bank E-Financial Center, the due date of guarantee: April 19, 2019; and the subject of a loan: the general loan for corporate driving).
In the terms of the above credit guarantee agreement, Defendant A paid guarantee fees, overdue guarantee fees, additional guarantee fees, etc. to the Plaintiff (Article 3), and when the Plaintiff performed the guaranteed obligation on behalf of the Plaintiff on behalf of the Plaintiff, Defendant A agreed to reimburse the amount of performance and the rate determined by the Plaintiff from the date of performance to the date of repayment, damages for delay calculated by the calculation method, and all other incidental obligations, etc
(Article 10). The rate of delay damages determined by the Plaintiff is 10% per annum from May 21, 2018 to the date of the closing of the instant argument.
(2) On April 24, 2015, Defendant A borrowed KRW 25,000,000 from the E-Financial Center, Inc. (hereinafter “D Bank”) on the basis of the said credit guarantee agreement.
B. (1) On January 13, 2019, Defendant A lost the benefit of time due to the loan of the D Bank on behalf of the Plaintiff, including the Plaintiff’s subrogation and the occurrence of the claim for reimbursement, and on April 11, 2019, the Plaintiff repaid to the D Bank a total of KRW 20,184,656 in subrogation of the Defendant A.
(2) As to the above subrogated amount, damages for delay calculated by the Plaintiff’s rate of damages for delay from April 11, 2019 to April 24, 2019 is KRW 77,420.
(3) The Plaintiff’s performance of the guaranteed obligation on behalf of Defendant A is KRW 386,746 for the purpose of preserving the performance of the obligation.
C. The Defendants’ contract to establish a mortgage (1) is the only property between Defendant A and Defendant B on November 6, 2018.