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1. A payment contract entered into on April 4, 2016 with the Defendant on one-half share of Pyeongtaek-si Cand 390 square meters.
Reasons
1. Facts of recognition;
A. On January 18, 2016, the Plaintiff entered into two credit guarantee agreements with D Co., Ltd. (hereinafter referred to as D) (hereinafter referred to as “D”) as listed in the following table. On the same day, D was loaned KRW 410 million in total from one bank as collateral for the Plaintiff’s credit guarantee agreement.
on January 18, 2016, the term of guarantee (amount of loan) for the principal of the credit guarantee (amount of loan) of the lending institution on the date of guarantee 1.5 billion won (30 million won) Han Bank on January 18, 2017, January 28, 2016, one Bank 99 million won (10 million won) (10 million won) on January 18, 2017.
Since then, the term of the credit guarantee agreement in this case was changed to January 18, 2018.
C. On March 16, 2017, Han Bank notified the Plaintiff that the guarantee accident caused in arrears occurred, and on May 19, 2017, the Plaintiff subrogated for KRW 357,769,637 to Han Bank (i.e., KRW 257,734,759, KRW 200,034,878).
The Plaintiff recovered KRW 3,567,740 on May 19, 2017 and appropriated it for the payment by subrogation of the first guarantee. KRW 1,007 for one guarantee delay damages. The rate of delay damages under the instant guarantee agreement is 10% per annum from May 19, 2017.
E. B under the instant guarantee agreement, as a joint and several guarantee was made for all obligations borne by D against the Plaintiff by D.
F. B completed the registration of transfer of the entire shares in No. 2, No. 9582 on April 5, 2016, for the Defendant on the ground of payment in substitutes (hereinafter “instant payment in substitutes”) as of Apr. 4, 2016, with respect to one-half shares (hereinafter “instant real estate”) among the 390 square meters of Pyeongtaek-si C, Pyeongtaek-si, which is the sole property of the Defendant, on April 4, 2016.
[Reasons for Recognition] Fact that there is no dispute, entry of Gap evidence 1 through 9 (including a branch number, if any) and the result of the tax information inquiry about the Ansan market.