구상금
1. As to KRW 43,601,092 and KRW 43,215,292 among them, the Defendant shall pay to the Plaintiff the year from April 6, 2016 to June 25, 2016.
Comprehensively taking account of the purport of the arguments in Gap evidence Nos. 1 through 7, the defendant concluded a credit guarantee agreement with the plaintiff around July 21, 2014 with the principal of the credit guarantee (85% of the estimated loan amount) and received a credit guarantee certificate from the plaintiff. The defendant borrowed 50 million won from the Industrial Bank of Korea as collateral. The defendant paid interest on the above loan due to overdue payment of interest on the loan, the plaintiff subrogated the Industrial Bank of Korea on April 6, 2016 to the extent that the credit guarantee accident occurred. The damages for delay under the above credit guarantee agreement are 10% per annum, and additional guarantee fees and legal procedure expenses are 203,530 won per annum and 182,270 won per annum. According to the above facts, the defendant is obligated to pay the plaintiff 43,601,92 won per annum (the average repayment amount, 215, 292, 292, 2015 won per annum, 2015 won per annum, 2316.
On April 26, 2016, the Defendant asserted that the Defendant could not respond to the Plaintiff’s claim because the Defendant filed an application for individual rehabilitation, including the Plaintiff’s claim, for the rehabilitation. However, if a lawsuit regarding individual rehabilitation claims stated in the list of individual rehabilitation creditors at the time of the decision to commence individual rehabilitation procedures, is already filed, the Defendant may proceed with the litigation. As long as the instant lawsuit was filed on April 22, 2016, the Defendant’s allegation is not acceptable.
Therefore, the plaintiff's claim of this case is justified and it is so decided as per Disposition.