A. On July 4, 2017, the Plaintiff entered into a credit guarantee agreement with the following content when the Defendant obtained a bank fund loan from B Bank.

Guarantee date: Guarantee period of two years after loan handling: 135,00,000 won;

B. On July 21, 2017, the Defendant received a housing loan of KRW 150,00,000 from the Bank, but lost the benefit of time due to the repayment delay, etc., and the Plaintiff paid KRW 137,577,646 on Dec. 20, 2019 by subrogationing the Defendant to the Bank, on behalf of the Defendant, and the attempted guarantee fee is KRW 282,940.

C. According to the credit guarantee contract of this case, when the plaintiff met the guaranteed obligation under the above credit guarantee contract, the defendant shall pay to the plaintiff the amount of subrogation paid by the plaintiff for the performance of the guaranteed obligation and damages for delay by 8% per annum.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. According to the facts of the above determination, the defendant is obligated to pay to the plaintiff the amount of subrogated and guarantee fees totaling KRW 137,860,586, and the amount of subrogated payment of KRW 137,577,646, which is the day following the date of subrogation for the plaintiff from December 21, 2019 to March 31, 2020, which is the date of service of the payment order in this case, 8% per annum, and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, which is the date of service of the payment order in this case.

(1) The defendant asserts that the application for the commencement of individual rehabilitation procedures is pending in the process of filing an application for individual rehabilitation while submitting an objection to the payment order. However, the above application for the commencement of individual rehabilitation procedures is dismissed on September 27, 2019 from the Seoul Rehabilitation Court (2018da 73429) and it is judged as above on the premise that the individual rehabilitation procedure has not commenced, taking into account the circumstances in which the appeal was in progress, etc.