The Plaintiff entered into a credit guarantee agreement by setting the credit guarantee amount of 100 million won on June 10, 2015 and the credit guarantee period of 100 million won on June 10, 2016 in obtaining a loan from a non-party Korean bank. The Defendant received a loan from a Korean bank pursuant to the said credit guarantee agreement around that time.

(Period of credit guarantee shall be extended until June 9, 2017)

B. Around February 14, 2017, the Defendant lost the benefit of the term of the loan due to overdue interest. On May 19, 2017, the Plaintiff subrogated to the Bank KRW 101,031,671 of the principal and interest of the loan, and on May 19, 2017, the Defendant recovered KRW 57,530 from the Defendant by means of refund of guarantee fee, and appropriated the principal for payment.

C. When the Plaintiff performed the guaranteed obligation at the time of the instant guarantee agreement, the Defendant agreed to pay the Plaintiff the amount of subrogation paid for the performance of the guaranteed obligation and the damages for delay at the rate of damages set by the Plaintiff from the date of payment to the date of full payment. The interest rate set by the Plaintiff is 10% per annum, and the damages for delay determined by the date of collection of the said partial amount is 1

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay at each rate of 100,974,156 won (100,974,141 won in subrogation) and 100,974,141 won in principal, which is the date of subrogation for the principal, from May 19, 2017 to April 28, 2018, when the duplicate of the application for the instant payment order was served on the Plaintiff, 10% per annum from May 19, 2017 to April 28, 2018, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

2. Conclusion, the plaintiff's claim of this case is justified.