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1.On a request for change in exchange at the time of the trial,
A. Each real estate listed in the separate sheet between the Defendant and A.
Reasons
1. Basic facts
A. On March 13, 2012, the Plaintiff entered into a credit guarantee agreement between A and a credit guarantee agreement between A and a credit guarantee principal of KRW 45,00,00,000, and up to March 12, 2013, and issued a credit guarantee certificate, and A provided credit guarantee for a loan borrowed from a national bank for a general fund for business operation.
B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation, as above, were granted a credit guarantee amount of KRW 50 million from the National Bank on March 14, 2012, which was issued by the Plaintiff as security, but the Plaintiff failed to repay the loan despite the expiration of the credit guarantee period, causing a credit guarantee accident. The Plaintiff, as a credit guarantee agent, subrogated the National Bank for KRW 45,710,421 as the principal and interest of the loan on April 1, 2016.
Accordingly, the plaintiff has a claim for reimbursement equivalent to the above money to A.
Meanwhile, in the first instance court of this case, the Plaintiff filed a lawsuit seeking reimbursement against A with respect to the subrogated amount by subrogation and an additional guarantee fee, the total amount of KRW 46,311,112, and the subrogated amount of KRW 45,710,421, which is the date of subrogation, was sentenced to the judgment of October 26, 2016, and was finalized around that time.
C. On April 7, 2015, A’s disposal disposition of the instant real estate was completed on April 7, 2015, the registration of ownership transfer was completed on the instant real estate listed in the separate sheet (hereinafter “instant real estate”) by reason of the sale on March 27, 2015 (hereinafter “the instant sale”).
A’s financial status was in excess of his/her obligation at the time of the conclusion of the instant sales contract, and from June 30, 2015, Defendant A was registered as delinquent in credit management information on September 30, 2015 from June 30, 2015.
Article 5 (1) 7 of the Evidence No. 1 (Guarantee Agreement)