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1. The part of the judgment of the court of first instance against the defendant is modified as follows.
Attached Form
Each real estate entered in the list.
Reasons
1. Basic facts
A. On June 24, 2011, a credit guarantee agreement was concluded between the Plaintiff and A (former: D Co., Ltd.; hereinafter “instant company”) with a credit guarantee agreement between June 24, 201 and June 22, 2012 (hereinafter “the instant credit guarantee agreement”).
The instant company agreed to pay to the Plaintiff the amount of subrogation and damages for delay in accordance with the rate determined by the Plaintiff (12% per annum from December 1, 2012) when the instant credit guarantee agreement was concluded, and the instant company jointly guaranteed all obligations that the instant company owes to the Plaintiff in accordance with the said credit guarantee agreement.
B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation (i.e., the instant company) borrowed KRW 900 million from one bank as collateral in accordance with the credit guarantee agreement issued by the Plaintiff pursuant to the said credit guarantee agreement on June 24, 201. On September 28, 2012, one bank did not pay the loan principal and interest, thereby causing a credit guarantee accident.
B. On December 13, 2012, the Plaintiff subrogated 734,120,472 won of the principal and interest of the instant company’s outstanding loans to Han Bank, and recovered KRW 7,097,714 out of the principal and interest of the subrogation on the same day.
(2) The amount of damages paid by the Plaintiff in subrogation for the amount of KRW 7,097,714 is 2,333.
B, on August 9, 2012, the Defendant entered into a sales contract to sell each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”) owned by him/her collectively (hereinafter “instant sales contract”) (hereinafter “instant real estate”). On the same day, the Defendant received KRW 90 million from the Defendant on the same day, and on August 13, 2012, each of the instant contracts was concluded.