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1. As to KRW 106,486,956 and KRW 105,864,116 among the Plaintiff, Defendant A shall be from November 13, 2013 to March 30, 2015.
Reasons
1. Facts of recognition;
A. (1) The Plaintiff entered into a credit guarantee agreement with Defendant A on December 1, 2010 (hereinafter “the instant credit guarantee agreement”) with the term “the guaranteed principal: KRW 9,920,000,000 and the term of guarantee: up to December 31, 2012” (hereinafter “the instant credit guarantee agreement”).
(2) According to the credit guarantee agreement of this case, when the Plaintiff performed the guaranteed obligation, the Defendant A paid the Plaintiff the amount of subrogation and the amount of delay compensation calculated at the rate of 12% per annum as determined by the Plaintiff from the date of subrogation to the date of full payment.
B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation 1) on December 1, 2010, Defendant A borrowed KRW 9,9920,000 from the foreign exchange bank as collateral for the instant credit guarantee agreement, but began to delay the interest rate on the said loan on December 8, 2012. On January 24, 2013, the credit guarantee accident occurred due to delinquency in payment of the principal of the said loan due to the expiration of the loan period. (2) On November 13, 2013, the Plaintiff subrogated the foreign exchange bank for the total amount of KRW 105,864,116 (= principal amount of KRW 9920,94,116).
3) Meanwhile, the additional guarantee fee that Defendant A shall pay to the Plaintiff under the instant credit guarantee agreement is KRW 622,840. C. Defendant A entered into a sales contract with Defendant B on November 15, 2012 (hereinafter “instant sales contract”) to sell real estate listed in the separate sheet (hereinafter “instant real estate”). At that time, the instant real estate was the only property of Defendant A.
2) After November 5, 2012, Incheon District Court’s North Incheon District Court’s registration of transfer of ownership in Defendant B’s name (hereinafter “instant registration of transfer of ownership”) completed under the receipt of No. 72194 on November 5, 2012.