A. On January 25, 2010, the Plaintiff entered into a housing finance credit guarantee agreement (hereinafter “instant credit guarantee agreement”) with the Defendant, setting the guaranteed amount as KRW 127,860,000, when the Defendant received an intermediate payment loan from the agricultural cooperative.

(2) On the same day, the Defendant submitted a guarantee issued under the credit guarantee agreement of this case and received a loan of KRW 127,860,000 from Nonghyup.

3) According to the credit guarantee agreement of this case, when the Plaintiff performed the guaranteed obligation, the Defendant is liable to the Plaintiff for damages for delay at the rate determined by the Plaintiff based on the amount of the guaranteed obligation, the Enforcement Decree of the Korea Housing Finance Corporation, the regulations on the operation of the Corporation, and the regulations on guarantee (Article 10). (4) The Plaintiff was demanded to discharge the guaranteed obligation on the ground that the Defendant lost the benefit of the loan due to the Defendant’s loss from the said loan, and on February 21, 2014, the Plaintiff subrogated to the Nonghyup for KRW 136,293,99 in accordance with the credit guarantee agreement of this case, and the fees for attempted payment for subrogation are KRW 850,960.

5) The Plaintiff is 136,270,159 won for the amount remaining after recovery of KRW 75,216 out of the said amount by subrogation. The remaining amount of delay damages is 8777 won for substitute payments, 897,314 won for additional guarantee fees under a credit guarantee agreement, and 847,440 won for overdue payments, and 3,520 won for overdue payments. Meanwhile, the rate of delay damages under the credit guarantee agreement of this case is 12% per annum. [In the absence of dispute over the grounds for recognition, Gap 1 through 5 evidence, and the purport of the entire pleadings.]

B. According to the facts of the above determination, the Defendant: (a) KRW 138,019,310 under the credit guarantee agreement of this case (i.e., the amount of subrogated payment of KRW 136,270,159; KRW 8777 by subrogation of KRW 847,440; KRW 3,520; and (b) the amount of delayed payment of KRW 136,270; and (c) the amount of KRW 136,270,159, which was the following day after the payment order of this case, from February 22, 2014 to May 20, 2015, which was the date of delivery of the payment order of this case.