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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff entered into a credit guarantee agreement between B and B as shown in the attached Table, and guaranteed B’s loan obligation to C Bank within the scope of the guaranteed amount.
B. At the time of the above credit guarantee agreement, the Plaintiff agreed to pay to the Plaintiff the amount of subrogation and the amount of damages for delay in accordance with the rate set by the Plaintiff from the date of subrogation to the date of full payment of indemnity liability, expenses incurred in the performance of the guaranteed obligation, expenses incurred in the preservation, transfer and exercise of the right acquired through the performance of the guaranteed obligation, unpaid guarantee fees, late guarantee fees (in the event of delay in the payment of the guaranteed fee agreed by the B, the amount calculated by multiplying the unpaid guarantee fee by 10% per annum), penalty (in the event that the principal obligation is delayed, the amount calculated by multiplying the unpaid guarantee fee by the rate of 0.5% per annum), penalty (in the event that the principal obligation is delayed, the amount calculated by multiplying the guaranteed amount of the guaranteed obligation by the rate of 0.5% per annum).
C. B caused a credit guarantee accident around March 21, 2018, and the Plaintiff requested a C Bank to pay the amount of the said credit guarantee amount by subrogation on June 12, 2018, the Plaintiff paid 162,318,156 won to C Bank as the principal and interest of B.
Meanwhile, among the money that the Plaintiff spent to recover the claim for reimbursement against B, the amount that was not recovered is KRW 3,571,689, and the penalty for breach of contract from April 21, 2018 to June 11, 2018 under the above credit guarantee agreement that was not paid by B is KRW 174,370.
B A around March 20, 2018, concluded a mortgage agreement with the Defendant on each real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) and the Defendant, as the receipt of No. 5015 on March 20, 2018, the registration of creation of a neighboring mortgage (hereinafter referred to as “the registration of creation of a mortgage”) with the Gwangju District Court as to each real estate listed in the separate sheet as of March 20, 2018.