A. On December 5, 2011, Defendant A Co., Ltd. (hereinafter “Defendant A”) entered into a credit guarantee agreement with the Plaintiff with the principal of KRW 15723,00,00 (hereinafter “the instant credit guarantee agreement”) and received a credit guarantee agreement with the Plaintiff on December 4, 2012, with the term of guarantee (hereinafter “credit guarantee agreement”). The individual guarantee method, general loan of loan subject, general loan of loan amount of KRW 174,70,00,000, and the amount of guarantee ratio of KRW 90,000,000,000. Defendant C jointly and severally guaranteed all obligations owed to the Plaintiff according to the instant credit guarantee agreement.

B. On December 6, 2011, the Defendant borrowed KRW 174.7 million from the Nonghyup Bank on the basis of a credit guarantee certificate issued by the Plaintiff, but incurred a guarantee accident that delayed payment of the principal and interest of loans on December 5, 2012. The Plaintiff subrogated KRW 161,026,781 to the Nonghyup Bank on April 9, 2013 upon a request for the performance of the guaranteed obligation by the Nonghyup Bank. After recovering KRW 54,89,532, the amount of unpaid subrogation remains KRW 106,137,249.

C. According to the credit guarantee agreement of this case, in case where the defendant company pays the loan, which is the principal obligation of the plaintiff's guarantee, to the Nonghyup Bank within the due date or loses the benefit of time, and the plaintiff discharges the guaranteed obligation to the Nonghyup Bank, the defendants jointly and severally pay to the plaintiff the amount paid by the plaintiff for the performance of the guaranteed obligation: ① the amount paid by the plaintiff to the Nonghyup Bank within the due date; ② the damages for delay calculated by the plaintiff's due rate from the due date to the due date of the performance date to the due date; ② the additional guarantee fee from the day following the due date of the payment of the guarantee fee for the amount not terminated until the due date of the guarantee;

Plaintiff

The prescribed rate of delay damages is 14% per annum from April 9, 2013 to May 31, 2015, which is the date of subrogation, and 12% per annum from the next day to the date.