구상금
1. The Defendant’s annual interest in KRW 55,348,565 and KRW 9,198,038 among the Plaintiff, from November 3, 2012 to November 30, 2012.
1. Basic facts
A. On October 16, 2009, the Plaintiff entered into a housing credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with the Defendant, setting the guarantee amount of KRW 187 million and the guarantee period from October 16, 2009 to January 31, 2012, when the Defendant received a loan from the Korean bank (hereinafter “Korea bank”).
B. According to the credit guarantee agreement of this case, when the plaintiff fulfilled the guaranteed obligation, the defendant bears the amount of subrogation and the damages for delay in accordance with the rate prescribed by the relevant laws and regulations as well as the incidental obligation to the plaintiff.
C. On October 16, 2009, the Defendant borrowed 187 million won from the Bank in accordance with the credit guarantee agreement of this case.
On November 2, 2012, the Plaintiff, who received a claim from our bank for the performance of the guaranteed obligation on the ground that the Defendant lost the benefit of the term of the above loan, subrogated to our bank KRW 196,751,353 in accordance with the credit guarantee agreement of this case.
E. On October 28, 2014, the Plaintiff recovered KRW 187,553,315 from the Defendant on October 28, 2014 and appropriated it for the payment by subrogation, and the amount of subrogation remains in KRW 9,198,038 as of the present amount. The amount of delay compensation for KRW 187,553,315 is KRW 45,136,117, and the amount of overdue interest is KRW 1,014,410.
The rate of delay damages under the credit guarantee agreement of this case is 15% per annum until November 30, 2012, and 12% per annum from December 1, 2012 to December 1, 2012.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 13, purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the defendant is the day following the date of subrogation for the plaintiff as to the amount of KRW 55,348,565 under the credit guarantee agreement in this case (i.e., the amount of delay delay damages of KRW 9,198,038,038,000,000,000,0000,0000,0000,0000,0000,0000,000,0000,00