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1. As to KRW 19,732,498 and KRW 19,732,486 among the Plaintiff, Defendant A shall be from October 23, 2017 to December 31, 2017.
Reasons
1. Facts of recognition;
A. On June 7, 2016, the Plaintiff entered into a credit guarantee agreement with Defendant A (hereinafter “instant guarantee agreement”) and Defendant A was loaned KRW 20 million from the volcanic Agricultural Cooperative as collateral with a credit guarantee agreement issued by the Plaintiff.
According to the instant guarantee agreement, when the Plaintiff performed the guaranteed obligation, Defendant A shall pay the amount of the guaranteed obligation and the amount of damages, etc. determined by the Plaintiff from the date of repayment to the date of repayment.
B. Defendant A’s failure to repay the above loan, which caused a credit guarantee accident on April 2, 2017. Accordingly, the Plaintiff subrogated for KRW 19,771,186 to the volcanic Agricultural Cooperative on October 23, 2017, and on October 23, 2017, the principal and interest of the Plaintiff’s claim for indemnity at the time of October 23, 2017 are KRW 19,732,498 [the principal amount = KRW 19,732,486 [the principal amount = KRW 19,71,186 – KRW 12 per annum from August 1, 2013 to December 31, 2017], and the rate of damages determined by the Plaintiff is 12% per annum and 10% per annum.
C. On January 20, 2017, Defendant A entered into a sales contract for selling the instant land with Defendant B and C (hereinafter “instant sales contract”) and the same year.
2.2. The above Defendants completed the registration of ownership transfer with respect to each of the instant land 1/2.
Defendant A was in excess of his liability at the time of the instant sales contract.
[Ground] Defendant A: The purport of the entire pleadings and arguments as to the admission of confession (Article 208(3)2 and Article 150(3) and (1) of the Civil Procedure Act)
2. According to the facts of the determination as to the claim against Defendant A, Defendant A shall pay to the Plaintiff the principal and interest of KRW 19,732,498 as well as the principal of KRW 19,732,486 as the principal and interest of KRW 12% per annum from October 23, 2017 to December 31, 2017; 12% per annum from January 1, 2018 to April 16, 2018, the delivery date of the application for modification of the purport and cause of the instant claim.