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1. As to KRW 27,543,035 and KRW 27,196,225 among the Plaintiff, Defendant A’s year from April 29, 2014 to September 5, 2014.
Reasons
1. Facts of recognition;
A. On February 14, 2014, the Plaintiff provided a credit guarantee (guarantee amount: 38,250,000,000 won for the last loan of KRW 26,775,000 for the guaranteed term of KRW 31,50,000 for the Plaintiff’s credit guarantee terms and conditions, such as the Plaintiff’s credit guarantee against Defendant A, to Daegu Bank Co., Ltd. (Operation of a gas station in the Gandong-gun), on February 22, 2008, the Plaintiff provided a credit guarantee (a guarantee amount: 38,250,000 won for the guaranteed term, and the guaranteed term: February 20, 2009).
The terms and conditions of credit guarantee have been finally changed five times in total from February 17, 2009 to February 13, 2013 as follows:
B. (i) Defendant A suspended or closed business on December 26, 2013 due to business depression, etc., resulting in a guarantee accident.
on April 29, 2014, the Plaintiff subrogated for KRW 27,196,225 to the Daegu Bank under the credit guarantee.
The payment by subrogation paid by the plaintiff to the legal procedure costs such as provisional attachment is 234,360 won.
The additional guarantee fee incurred by the defendant A due to the failure of the defendant A to perform the loan obligation is 112,450 won.
Article 12(1) of the International Act provides that the rate of damages determined from August 1, 2013 shall be 12% per annum.
C. (1) Defendant A entered into a sales contract between the Defendants and Defendant A’s property status, etc. (hereinafter “instant real estate”); on October 1, 2013, Defendant B entered into a sales contract with Defendant B (hereinafter “instant contract”); and on October 17, 2013, Defendant B entered into an ownership transfer registration (hereinafter “instant ownership transfer registration”) with the Daegu District Court under Article 22439, on the ground of the instant contract.
Shed Defendant A was in excess of the obligation at the time of the conclusion of the instant contract.
Defendant B, on August 14, 2013, prior to the conclusion of the instant contract, lent KRW 40,000,000 to Defendant A for the interest rate of 10% until September 30, 2013, and Defendant A is unable to pay the principal and interest on the loan by the due date.