구상금
1. The Defendant amounting to KRW 35,826,450, and KRW 10% per annum from August 22, 2019 to December 31, 2019 to the Plaintiff.
Comprehensively taking account of the purport of each statement in Gap evidence Nos. 1 through 5, the plaintiff entered into a credit guarantee agreement with the defendant on May 2, 2017 with regard to the defendant's credit guarantee principal 39,00,000,000, and the guarantee term as of May 2, 2022 with regard to the credit guarantee obligation to the defendant's corporation C (hereinafter "C Bank"), and C Bank entered into a credit guarantee agreement with the defendant on May 2, 202, with the defendant on May 2, 2019. The plaintiff paid 39,000,000 won to the defendant as the collateral for the credit guarantee as of May 2, 202. The plaintiff paid 36,262,940 won to C Bank on August 22, 2019, recovered 436,490 won from the defendant, and if the plaintiff fulfilled the guaranteed obligation, it can be recognized that 10% of the amount of subrogation after the date of performance shall be paid annually from December 310, 217.
Therefore, the Defendant is obligated to pay the Plaintiff the remainder of the subrogation amount of KRW 35,826,450 (=36,262,940 - 436,490) and the damages for delay calculated by applying the rate of 10% per annum from August 22, 2019 to December 31, 2019, which is the date of subrogation, from August 22, 2019 to December 31, 2019; 7% per annum from the next day to April 5, 2020; and 12% per annum from the next day to the date of full payment. Thus, the Plaintiff’s claim of this case is reasonable, and is so ordered as per Disposition.