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1. The Plaintiff:
A. As to KRW 426,091,936 and KRW 425,822,917 among them, Defendant A shall be from May 19, 2014 to March 19, 2015.
Reasons
1. Facts of recognition;
A. (1) On May 6, 2011, the Plaintiff entered into a credit guarantee agreement with Defendant A with a credit guarantee principal of KRW 74,80,000,00 and up to May 4, 2012 (hereinafter “credit guarantee agreement”).
) Defendant A issued a credit guarantee certificate to Defendant A. The Defendant B jointly and severally guaranteed all the obligations that Defendant A would incur to the Plaintiff pursuant to the first credit guarantee agreement. Defendant A received from the new bank as collateral a credit guarantee certificate issued by the Plaintiff on May 6, 2011 (hereinafter referred to as “first loan”). Defendant A received KRW 88,000,000 from the new bank as collateral (hereinafter referred to as “first loan”).
(2) On July 21, 2011, the Plaintiff entered into a credit guarantee agreement with Defendant A with a credit guarantee principal of KRW 396,90,00,00, and the credit guarantee period until July 20, 2012 (hereinafter “credit guarantee agreement”) and issued a credit guarantee agreement to Defendant A.
Defendant A received a loan of KRW 441,00,000 from the new bank as collateral a credit guarantee certificate issued by the Plaintiff on July 21, 2011.
(3) According to each credit guarantee agreement in this case, the Plaintiff’s performance of the guaranteed obligation is required to pay to the Plaintiff the amount of the guaranteed obligation and the amount of damages calculated by the rate determined by the Plaintiff from the date of performance of the guaranteed obligation to the date of repayment, ② the expenses incurred in the performance of the guaranteed obligation, ③ the expenses incurred in the preservation, transfer, and exercise of the right acquired through the performance of the guaranteed obligation. Meanwhile, the amount of damages determined by the Plaintiff is 12% per annum since December 1, 2012. (B) On May 7, 2014, the new bank notified the Plaintiff of the occurrence of the credit guarantee accident due to the suspension of current account transaction by the Defendant A, and the Plaintiff subrogated to the new bank on May 19, 2014, the Plaintiff subrogated to KRW 75,363,471, total principal and interest of the first loan, KRW 35,303,674.
2 The Plaintiff recovered KRW 4,819,412 out of the amount of principal and interest paid by subrogation for the first loan, and the amount to be recovered.