A. On January 30, 2007, the Plaintiff concluded a credit guarantee agreement of KRW 15 years, the guaranteed amount of KRW 32,000,000, and issued a written credit guarantee agreement (hereinafter the “credit guarantee agreement of this case”), and the Defendant B jointly guaranteed the Defendant A’s obligation under the instant credit guarantee agreement.

B. Defendant A submitted the said credit guarantee statement to the spawn calendar point of the National Bank, and received a loan of KRW 32,000,000 from the Housing Finance Fund.

C. As Defendant B did not perform the obligation under the above loan agreement, the National Bank demanded the Plaintiff to discharge the guaranteed obligation, and the Plaintiff repaid KRW 27,694,628 to the National Bank on November 23, 2012.

According to the instant credit guarantee agreement, where the Plaintiff fulfilled the guaranteed obligation, the Plaintiff may claim damages for delay at the rate determined by the Plaintiff. The ratio is 15% per annum from November 23, 2012 to November 30, 2012, and 12% per annum from December 1, 2012.

E. Defendant A paid KRW 5,60,00 on December 13, 2012; KRW 21,844,628 on January 17, 2013; KRW 47,110 on the remainder of the subrogated payment; KRW 236,040 on January 17, 2013; and KRW 250,00 on the substitute payment.

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

2. Determination

A. According to the above facts of recognition as to the cause of the claim, barring any special circumstance, the Defendants are obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from November 23, 2012 to November 30, 2012, 12% per annum from December 1, 2012 to September 27, 2013, and 20% per annum from the next day to the day of full payment.

B. As to the determination of the Defendants’ assertion, the Defendants are exempt from the Defendant B’s guarantee obligation at the time when Defendant A paid out KRW 5,60,000 on December 13, 2012.