A. On July 2, 2015, the Plaintiff entered into a credit guarantee agreement with the Defendant on July 2, 2015, whereby the Defendant received a small and medium enterprise loan from the Industrial Bank of Korea to guarantee the payment of the principal and interest of the loan, and issued a credit guarantee agreement with the Defendant on July 1, 2016.

Accordingly, the Defendant received a loan of KRW 100 million from the Industrial Bank of Korea as security at that time.

B. At the time of the above guarantee agreement, where the Plaintiff performed the guaranteed obligation on behalf of the Defendant, the Defendant agreed to reimburse the Plaintiff for the amount of the guaranteed obligation and the amount of damages for delay and the expenses incurred in performing the guaranteed obligation at the rate determined by the Plaintiff from the date of full payment

C. Upon occurrence of a credit guarantee accident due to the Defendant’s nonperformance, the Plaintiff subrogated for KRW 100,717,693 to the Industrial Bank of Korea on June 8, 2016 under the said credit guarantee agreement.

The Plaintiff recovered 18,900 won from the Defendant on the date of subrogation and collected the principal of the subrogated amount to 100,698,793 won (=100,717,693 won by subrogation - 18,900 won by subrogation). The Plaintiff incurred 5 won of final damages for the principal appropriation.

The Plaintiff spent KRW 530,315 with the cost of preserving the claim, and the interest rate for delay from February 1, 2016, as determined by the Plaintiff, is 10% per annum.

E. Meanwhile, C, who was a representative director of the defendant at the time of the above credit guarantee agreement, resigned on September 24, 2015, and D was appointed as the representative director of the defendant on the same day.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendant’s reimbursement of KRW 101,229,113 (i.e., the principal of the subrogated payment of KRW 100,698,793 for delay in determination of the principal of the subrogated payment of KRW 530,315), and the principal of the subrogated payment of KRW 100,698,793 for the amount of the subrogated payment of KRW 100,693, Jun. 8, 2016.