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1. Defendant A’s KRW 20,314,480 as well as 6% per annum from June 8, 2016 to July 7, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. On April 28, 201, according to Defendant A’s guarantee request, the Plaintiff entered into a guarantee insurance agreement (hereinafter “instant guarantee insurance agreement”) with the insurance coverage amounting to KRW 52,500,000, and the insurance period from April 28, 201 to April 28, 2021 with respect to the obligation to repay the principal and interest of a loan to be provided by Defendant A by obtaining a housing loan from the Hyundai Heavy Industrial Community Credit Cooperatives (hereinafter “Korea Community Credit Cooperatives”).
B. According to the Plaintiff’s guarantee, Defendant A loaned KRW 50,00,000 from community credit cooperatives around April 28, 201. After that, Defendant A retired from Hyundai Heavy Industries Co., Ltd. on March 31, 2016, and upon the occurrence of an insurance accident, Defendant A claimed the Plaintiff to pay the insurance proceeds on May 10, 2016, and the Plaintiff paid KRW 20,314,480 to community credit cooperatives on June 7, 2016.
C. The rate of damages for delay under the instant guarantee insurance agreement is 6% per annum until July 7, 2016 and 9% per annum thereafter.
On the other hand, on February 29, 2016, Defendant A entered into a mortgage agreement with Defendant B as to the real estate listed in the separate sheet (hereinafter “instant real estate”) with the maximum debt amount of KRW 40,00,000,00, and the debtor A and the mortgagee B (hereinafter “mortgage agreement”). On March 2, 2016, Defendant B completed the registration of establishment of a neighboring mortgage (hereinafter “the registration of establishment of a neighboring mortgage”) based on the instant mortgage agreement with Defendant B.
E. At the time of entering into the instant mortgage contract, Defendant A is the only real estate of Defendant A with excessive debts.
[Ground of recognition] The non-contentious facts, Gap evidence Nos. 1 through 5, and 7 through 14 (including the number number; hereinafter the same shall apply), the inquiry results on the military viewing, the result of the inquiry into the fact, the result of the order of submission of each financial transaction information to the Korean Tti Bank and the Korean Bank, and the purport of the whole pleadings
2. The defendant A.