A. On March 14, 2014, the Plaintiff entered into a credit guarantee agreement with the Defendant, setting the credit guarantee principal of KRW 40,000,00, and the credit guarantee period from March 14, 2014 to February 20, 2019, which guarantees the Defendant’s obligations for loans to the Industrial Bank of Korea (hereinafter “the instant credit guarantee agreement”), and the Defendant received a loan from the Industrial Bank of Korea on March 14, 2014.

B. According to the instant credit guarantee agreement, the Defendant agreed to pay to the Plaintiff the amount of the guaranteed obligation, ② damages at the rate determined by the Plaintiff from the date of the performance of the guaranteed obligation to the date of repayment, ③ expenses incurred in the performance of the guaranteed obligation.

C. On May 21, 2016, the Defendant was unable to pay the principal and interest of the Bank, and a credit guarantee accident occurred. Accordingly, on August 30, 2016, the Plaintiff subrogated the Bank of Korea for KRW 38,657,124 of the principal and interest of the loan pursuant to the instant credit guarantee agreement, and the Defendant repaid the Plaintiff KRW 359,920 among them.

The amount of final and conclusive damages incurred by the Plaintiff by subrogation is KRW 118, and the rate of damages determined by the Plaintiff is 12% per annum from August 30, 2016 to March 12.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 7, the purport of the whole pleadings

2. According to the facts of determination as above, the Defendant is obligated to pay to the Plaintiff the amount of indemnity KRW 38,297,322 (=38,657,124 - Defendant’s repayment amount of KRW 359,920, and the remainder of the subrogated amount of KRW 38,297,204 (=amount of subrogated payment of KRW 38,657,124 - Defendant’s repayment amount of KRW 359,920), which is the date of subrogated payment, to the Plaintiff at the rate of 12% per annum per annum, which is the date of delivery of the original copy of the instant payment order from August 30, 2016 to December 20, 2016, and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, which is the date of delivery of the original copy of the instant payment order.

The defendant is present at the date of pleading and objection by the plaintiff.