beta
Text
1. Defendant A: 12% per annum from May 9, 2013 to September 7, 2013, as to KRW 42,663,261 among the Plaintiff and KRW 42,663,261.
Reasons
1. Basic facts
A. On July 22, 2011, the Plaintiff entered into a credit guarantee agreement with Defendant A (D) as follows:
Guarantee No. E: The guarantee period of KRW 50 million: A loan bank on July 20, 2012 (before this date, changed to July 19, 2013): The Defendant A, when the Plaintiff fulfilled the guarantee obligation, will reimburse the amount of the loan and the expenses incurred in the preservation, transfer and exercise of the right acquired through the discharge of the guarantee obligation, etc. calculated by multiplying the amount of the loan by the rate determined by the Plaintiff (15% per annum from June 1, 2005 to November 30, 2012) from the date of repayment from the date of performance of the guarantee obligation; 12% per annum from December 1, 2012 to the date of repayment;
B. Defendant A obtained a loan of KRW 50 million from a national bank as a security under the said credit guarantee agreement. On November 21, 2012, Defendant A received a loan from the national bank as well as delayed payment of credit card use fee obligations against the new card, and thereafter, incurred a credit guarantee accident on February 27, 2013.
On May 9, 2013, the Plaintiff subrogated to the above national bank of KRW 50,246,849 in total for the principal and interest of the Defendant A’s loan, and collected KRW 8,061,08 thereafter, on February 26, 2014, the Plaintiff’s claim for indemnity against the Defendant A for remainder of the amount of subrogated payment of KRW 42,63,261 in total, KRW 46,136,191 in total, KRW 843,830 in subrogation, and KRW 47,643,282 in total.
C. However, on May 23, 2012, Defendant A concluded a mortgage agreement between Defendant B and the maximum debt amount of KRW 100 million, and Defendant A’s mortgage agreement between Defendant A (hereinafter “instant real estate”) with respect to the real estate indicated in the separate sheet (hereinafter “instant real estate”), and completed the registration of establishment of a mortgage near the Incheon District Court’s Southern District Court’s receipt No. 3471, Jun. 1, 2012.
Afterward, the Incheon District Court Croon on the instant real estate.