A. On May 25, 2016, the Plaintiff and the Defendant, the representative of B, entered into a credit guarantee agreement between the Defendant and the Busan Bank to guarantee the payment of the principal and interest of the loan (hereinafter “the instant credit guarantee agreement”) in order to guarantee the payment of the principal and interest of the loan, and accordingly, issued a credit guarantee agreement to the Busan Bank on the same day.

At that time, the defendant was loaned KRW 100,000,000 from the Busan Bank as collateral.

B. According to the credit guarantee agreement of this case, when the plaintiff fulfills the guaranteed obligation under the credit guarantee agreement, the principal obligor agreed to reimburse the plaintiff (1) the amount of the performance of the guaranteed obligation paid by the plaintiff for the performance, the amount of damages for delay determined by the plaintiff from the performance date of the guaranteed obligation to the repayment date, (2) expenses incurred in the performance of the guaranteed obligation, expenses incurred in the exercise of the right to preserve and transfer the guaranteed obligation, and damages for delay determined by the plaintiff from the performance date to the repayment date.

C. From February 1, 2016, the rate of delay damages determined by the Plaintiff is 10% per annum.

Upon the occurrence of a credit guarantee accident due to the Defendant’s nonperformance, the Plaintiff subrogated to the Busan Bank for KRW 90,725,674 on March 16, 2017, based on the instant credit guarantee agreement.

In addition, the plaintiff recovered 306,240 won on the same day and collected 90,419,434 won for the remainder of the subrogation amount, and 83 won for the claim for finalized damages occurred.

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

2. According to the facts of the determination as to the cause of the claim, the defendant is entitled to pay the amount of compensation to the plaintiff KRW 90,419,517 (=90,725,674 won by subrogation - partial recovery of KRW 306,240) and the balance of the subrogated payment = 90,419,434 won by subrogation - 90,725,674 won by subrogation.