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1. Defendant A’s annual interest in KRW 4,908,194 and KRW 4,541,894 among them to the Plaintiff until January 8, 2016.
Reasons
1. Facts of recognition;
A. On April 22, 2014, the Plaintiff entered into a credit guarantee agreement with the Defendant A, which operated the “C”, and issued a credit guarantee certificate with the coverage amount of KRW 5 million and KRW 5 million as of April 22, 2019. Defendant A borrowed KRW 5 million from the Han Bank on the same day using the said credit guarantee certificate. According to the above credit guarantee agreement, when the Plaintiff performed the guaranteed obligation, Defendant A pays the Plaintiff the amount of the Plaintiff’s subrogation, damages after the date of the performance thereof, and the Plaintiff’s legal procedure expenses. The above agreement’s delay interest rate is 15% per annum from April 20, 2010 to April 28, 2015, and 12% per annum from the following day.
B. Following the closure of the foregoing “C” on March 22, 2015, and on July 222, 2015, Defendant A lost the benefit of time due to the delay in the principal and interest of the said loan. Accordingly, on September 8, 2015, the Plaintiff repaid the principal and interest of Hana Bank to the said Hana Bank, and recovered KRW 4,61,694 thereafter KRW 69,800, and the balance of the legal procedure cost paid by the Plaintiff to secure the claim for reimbursement against Defendant A is KRW 366,300.
C. Meanwhile, Defendant B is the Defendant A, the amount of KRW 10 million on July 8, 2014, and the same year.
9. On September 19, 1250,00 won, the amount of KRW 4.7 million on November 17 of the same year, the amount of KRW 1.8 million on November 17 of the same year, the amount of KRW 8 million on January 2, 2015, and KRW 25.47 million on April 30, 2015, deposited in an account and paid in cash and lent KRW 30 million on April 3, 2015, the remainder of the amount of KRW 30 million. As security for the loan credit, Defendant A entered into a pre-sale agreement with Defendant B on April 3, 2015, each of the real estate listed in the separate list of real estate (hereinafter referred to as “instant real estate”), which is its sole real estate, with Defendant B and 30 million on April 1, 205, and on the same day, Defendant B’s right to claim the transfer of ownership from Defendant B and 300 million on the same day.