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1. Defendant A’s KRW 20,167,481 as well as 12% per annum from December 15, 2016 to April 14, 2017 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff’s claim for reimbursement against Defendant A 1) On July 22, 2015, the Plaintiff concluded a credit guarantee agreement between Defendant A and Defendant A to provide a loan of KRW 20 million from the Nonparty Gwangju Bank (hereinafter “instant credit guarantee agreement”).
(2) On July 22, 2015, Defendant A gave a loan of KRW 20 million from the Gwangju Bank. However, the Gwangju Bank sent a notice of credit guarantee accident to the Plaintiff on the ground of the extension of the term period, and filed a claim for the performance of the guaranteed liability for the loan, and the Plaintiff subrogated the Gwangju Bank to pay KRW 20,259,081 [principal principal KRW 20,000,000, KRW 259,000] on December 15, 2016, and Defendant A repaid KRW 91,600 among them.
3) According to the instant credit guarantee agreement, Defendant A and its interest were the principal and interest at the time of the Plaintiff’s subrogation, and additionally, pursuant to Article 28 of the Regional Credit Guarantee Foundation Act from the date of subrogation, paid the agreed damages for delay within the extent prescribed by Presidential Decree. B. Defendant A and the Defendant B entered into a sales contract with Defendant B on May 31, 2016 with regard to each of the real estate listed in the separate sheet (hereinafter “instant sales contract”).
(2) On June 27, 2016, Defendant B completed the registration of the transfer of ownership under Article 31051 of the Enforcement Decree of the Special Metropolitan City District Court’s Netcheon Branch, and the purport of the entire pleadings.
2. Determination as to the cause of action
A. According to the above facts of determination as to the claim for indemnity, Defendant A’s claim for reimbursement amounting to 20,167,481 won on behalf of the Plaintiff, excluding the amount that Defendant A paid in full by Defendant A, and for this, 12% per annum, which is the agreed damages rate from December 15, 2016 to April 14, 2017, and the litigation promotion from the following day to the date of full payment.