On June 8, 2012, the Plaintiff entered into a credit guarantee agreement (hereinafter “instant credit guarantee agreement”) with respect to the Defendant’s obligation to pay 100 million won to the principal and interest of the former bank (hereinafter “the instant credit guarantee agreement”), and accordingly, issued a written credit guarantee agreement from June 8, 2012 to June 7, 2013 (the period of guarantee extended from June 3, 2016 to June 3, 2016).

On June 11, 2012, the Defendant received a loan of KRW 100 million from the previous bank as security.

On April 22, 2016, the Plaintiff paid 81,164,207 won to the Jeonbuk Bank on April 22, 2016.

The plaintiff recovered 148,660 won from the defendant and appropriated it for the amount of subrogation.

On the other hand, for 148,60 won of the above appropriated amount, the fixed amount of damages from the date of subrogation to the date of recovery is 40 won, and the rate of damages for delay stipulated in the credit guarantee agreement is 10% per annum from February 1, 2016 to the date.

【In light of the fact that there has been no dispute, the entries in Gap’s evidence Nos. 1 through 5, and the fact of the above recognition as to the ground for claim as to the purport of the entire pleadings, the defendant is obligated to pay to the plaintiff 81,015,587 won for indemnity (i.e., KRW 81,164,207 won - KRW 148,660 won) and 81,015,547 won among them from April 22, 2016, which is the date of subrogation, until May 31, 2016, the delivery date of the original copy of the decision of the payment order in this case, the rate of delay damages per annum, which is 10% per annum, and the damages for delay calculated at 15% per annum from the next day to the date of full payment.

The Defendant alleged that the Defendant could not comply with the Plaintiff’s claim by filing an application for individual rehabilitation with the Cheongju District Court 2016 Ma7291 on April 20, 2016. As such, the Defendant filed an application for individual rehabilitation with the Cheongju District Court 2016 Ma7291 on April 20, 2016, but the Defendant filed an appeal with the same court under the said court 2017Ra164 on June 5, 2017.