Defendant A’s KRW 26,140,284 and KRW 25,863,758 among the Plaintiff, respectively, shall be 12% per annum from December 19, 2016 to January 25, 2017.

Facts of recognition

On May 14, 2013, Defendant A entered into a credit guarantee agreement with the Plaintiff (hereinafter “the instant credit guarantee agreement”) and borrowed KRW 30,000,00 from the Busan Bank. According to the instant credit guarantee agreement, if the Plaintiff fulfills the guaranteed obligation, Defendant A agreed to assume the liability for reimbursement, such as the performance amount of the guaranteed obligation and the damages for delay (12% per annum from September 5, 2013), and the legal procedure cost.

On August 25, 2016, the Busan Bank notified the Plaintiff of the occurrence of a guarantee accident on the 15th of the same month, and the Plaintiff subrogated the said bank to KRW 25,863,758 on December 19, 2016, and the costs of the unrefilled legal procedure are KRW 276,526.

On March 26, 2013, Defendant B transferred KRW 29,700,000 from the account under the name of the Plaintiff to the account under the name of the Plaintiff on March 26, 2013. After the credit guarantee agreement of this case, Defendant B completed the registration of creation of collateral security at KRW 30,000,000 with respect to the real estate listed in the separate list owned by Defendant A (hereinafter “instant real estate”).

(B) On May 27, 2015, Defendant B cancelled the previous right to collateral security (hereinafter “previous right to collateral security”) regarding the instant real estate. On June 5, 2015, Defendant A registered the establishment of the right to collateral security at the National Bank of Korea, the maximum debt amount, KRW 27,600,000.

On July 22, 2016, Defendant B completed the registration of the establishment of a neighboring mortgage of KRW 20,000,000 for the maximum debt amount received on July 22, 2016 from the Busan District Court Branch of the Dong Branch of the District Court (hereinafter “instant contract”).

(hereinafter “instant collateral security”). The instant real estate is the only real estate of Defendant A at the time of the establishment of the instant collateral security.

[Ground of recognition] A without dispute, entry of Gap 1 to 6 evidence, Eul 1 to 4 evidence (including branch numbers) and the purport of the whole pleadings against defendant A.