구상금
1. The Defendant’s KRW 33,468,757 and KRW 11,734,463 among them shall be the Plaintiff from December 21, 2013 to December 10, 2014.
1. Facts of recognition;
A. On October 1, 2009, the Plaintiff entered into a credit guarantee agreement between the Defendant and the Defendant (hereinafter “the instant credit guarantee agreement”) by setting the guaranteed amount of KRW 200 million and the term of guarantee up to three years and four months, when the Defendant received a loan from the Korea 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 damages for delay at the rate determined by the relevant Acts and subordinate statutes, etc. and the incidental obligation against the plaintiff.
C. The Defendant received a credit guarantee certificate from the Plaintiff pursuant to the instant credit guarantee agreement, and then borrowed KRW 200 million from the bank on October 1, 2009.
On December 20, 2013, 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 212,096,107 won to our bank in accordance with the credit guarantee agreement of this case.
E. After that, the Plaintiff collected KRW 200,361,64 from the Defendant on October 28, 2014 to appropriate the amount of subrogated payment for the amount of subrogated payment, the remaining amount of subrogated payment is KRW 11,734,463, and the amount of overdue payment is KRW 20,552,164, and the amount of overdue payment is KRW 1,182,130.
The rate of delay damages under the credit guarantee agreement of this case shall be 12% per annum from December 21, 2013, the day following the date of payment by subrogation until December 21, 2013.
[Ground of recognition] Facts without dispute, entry of Gap 1-8 evidence, purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the Defendant shall pay to the Plaintiff the amount of KRW 33,468,757 pursuant to the credit guarantee agreement in this case, barring special circumstances (i.e., KRW 11,734,463 for delay delay damages of KRW 20,52,164 for delay delay damages of the remainder of the subrogated payment amount of KRW 11,734,463), and the amount of subrogated payment of KRW 11,734,463 for the remainder of the subrogated payment