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1. As to KRW 17,084,694 and KRW 15,130,413 among the Plaintiff, Defendant A shall be from April 27, 2016 to November 11, 2016.
Reasons
1. Facts of recognition;
A. On June 11, 2014, the Plaintiff entered into a credit guarantee agreement with Defendant A (hereinafter “instant credit guarantee agreement”) and Defendant A borrowed KRW 15,00,000 from a new bank on the same day in accordance with the said credit guarantee agreement.
B. After that, around March 11, 2015, the new bank notified the Plaintiff of the occurrence of the “credit guarantee accident (defluence of closure) of March 10, 2015,” and on June 19, 2015, the Plaintiff subrogated KRW 15,130,413 to the new bank in accordance with the said credit guarantee agreement.
Accordingly, the amount of indemnity that Defendant A owes to the Plaintiff is KRW 17,084,694 as of April 26, 2016 (i.e., the remainder of the subrogated payment of KRW 15,130,413 (1,556,981) and the amount of delay delay of determination of KRW 397,30 (1,556,981) and the amount of principal of KRW 15,130,413 (12% per annum from April 27, 2016).
C. However, on December 24, 2014, Defendant A entered into a sales contract to sell real estate (hereinafter “instant real estate”) on KRW 400,000,000, which is the only property of Defendant B as indicated in the separate sheet (hereinafter “instant sales contract”) and Defendant B entered into a sales contract to Defendant B for KRW 400,000,000 (hereinafter “instant sales contract”). Defendant B entered into “the instant transfer registration of ownership” on December 24, 2014, as the receipt of the annual District Court Registry No. 17068 (hereinafter “instant transfer registration”).
(D) The Defendant B completed the instant sales contract. At the time of the instant sales contract, the instant real estate was established with the maximum debt amount of KRW 533,00,000,000, which was set on April 19, 201, and the debtor A, Defendant A, and agricultural cooperative for the mortgagee A, the mortgagee, and the mortgagee. In lieu of the payment of KRW 400,000,000, Defendant B assumed the secured debt of the said right in lieu of the payment of KRW 400,00,000.
2. According to the facts of the determination as to the claim against Defendant A, Defendant A shall be liable to the Plaintiff for reimbursement of KRW 17,084,694 under the Credit Guarantee Agreement and the principal of KRW 15,130,413 among them.