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1. As to KRW 15,275,321 and KRW 14,077,063 among the Plaintiff, Defendant A’s year from February 8, 2019 to August 28, 2019.
Reasons
1. Basic facts
A. 1) The Plaintiff entered into a credit guarantee agreement on April 8, 2014, and Defendant A and Defendant A Co., Ltd. (hereinafter “C”).
(C) The credit guarantee agreement in which the principal of the credit guarantee is KRW 30,000,000 in order to guarantee the repayment of the loan to be borne by obtaining a loan from the lender (hereinafter “the credit guarantee agreement in this case”).
(2) The credit guarantee agreement of this case provides that when the plaintiff performed the guaranteed obligation on behalf of the defendant A, the defendant A shall pay to the plaintiff the amount of the guaranteed obligation and the damages for delay calculated by the interest rate set by the plaintiff from the date of repayment thereof, and ② the expenses incurred in exercising the rights acquired by the plaintiff due to the performance of the guaranteed obligation.
B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation 1) Defendant A obtained a loan from C as a security on April 7, 2014. The occurrence of a credit guarantee accident (in arrears) and the Plaintiff paid 14,077,063 won to C on February 8, 2019 (i.e., principal amount of KRW 13,958,208) (i.e., KRW 118,855 won). (ii) The Plaintiff’s agreed damages rate for the said subrogated amount from February 1, 2018 to the date of February 1, 2018. The Plaintiff paid 1,198,258 won as provisional payment.
C. Defendant A, who entered into a mortgage contract, concluded a mortgage contract with Defendant B on August 8, 2018 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), with the maximum debt amount of KRW 300,000,000, and the mortgage contract with Defendant B (hereinafter “instant mortgage contract”), and completed a mortgage registration on the same day.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings
2. According to the facts acknowledged prior to the determination of the claim against Defendant A, Defendant A shall have the principal and interest of the guaranteed obligation owed by the Plaintiff.