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1. As to KRW 20,946,068 and KRW 20,68,147 among the Plaintiff, Defendant A shall pay to the Plaintiff the year from April 10, 2019 to June 6, 2019.
Reasons
1. Basic facts
A. The Plaintiff, when receiving a loan from Defendant A Co., Ltd. (hereinafter “Nonindicted Bank”), guaranteed the credit of the Defendant for the entire loan amounting to KRW 20 million. In the event that the Plaintiff fulfilled the credit guarantee obligation to the Plaintiff, the above Defendant: ① the amount of the Plaintiff’s guaranteed obligation; ② the rate determined by the Plaintiff from the date of performance to the date of repayment; and ② the amount calculated by multiplying the amount of the guaranteed obligation by the rate determined by the Plaintiff and the amount of damages calculated by the calculation method [the rate of damages: 17% per annum until December 1, 2010; 14% per annum from December 2, 2010 to May 30, 2015; and 12% per annum from June 1, 2015 to January 31, 2018; and ③ the amount calculated by multiplying the amount of the guaranteed obligation to the Plaintiff by the rate of unpaid guarantee fee plus the guarantee fee acquired by the Defendant (the rate of unpaid guarantee fee per annum).
1) On June 20, 2017, the Plaintiff is a credit guarantee agreement with Defendant A with the following content (hereinafter “instant credit guarantee agreement”).
(2) On June 20, 2017, Defendant A, based on the credit guarantee certificate issued by the Plaintiff, lent KRW 20 million from the non-party bank. However, on September 21, 2018, Defendant A lost the benefit of time due to delay of principal. On April 10, 2019, the Plaintiff subrogated to the non-party bank for the amount of KRW 20,688,147 (= principal amount of KRW 20,000,06 interest of KRW 68,147).
3) The sum of expenses incurred in the preservation, transfer, and exercise of the rights acquired by the Plaintiff as a result of the performance of the guaranteed obligation as above is KRW 257,921. B. Defendant A’s transaction 1, such as real estate in the attached list of real estate attached to the Defendants, on January 24, 2018.