구상금
1. The Defendant’s annual interest in KRW 59,541,646 and KRW 9,924,597 among the Plaintiff, from October 30, 2012 to November 30, 2012.
1. Facts of recognition;
A. On October 1, 2009, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with the Defendant, setting the amount of security deposit KRW 200 million and up to two years and four months after the term of guarantee loan, 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 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 October 29, 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 210,286,241 won to our bank in accordance with the credit guarantee agreement of this case.
E. Afterwards, the Plaintiff recovered KRW 200,361,644 from the Defendant on October 28, 2014 and appropriated it for the payment by subrogation, the remainder of the subrogation amount of KRW 9,924,597, and the interest payable in arrears is KRW 48,547,89, and the interest payable in arrears is KRW 1,069,150.
The rate of delay damages under the instant credit guarantee agreement is 15% per annum from October 30, 2012 to November 30, 2012, and 12% per annum from December 1, 2012 to December 1, 2012.
[Ground of recognition] Facts without dispute, entry of Gap 1-8 evidence, purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the defendant, barring special circumstances, against the plaintiff 59,541,646 won pursuant to the credit guarantee agreement of this case (i.e., the balance of the subrogated payment amount of KRW 9,924,597,597 for delay delay damages of KRW 48,547,899), and the balance of the subrogated payment of KRW 9,924,597.