A. On May 12, 2015, the Plaintiff guaranteed the Defendant’s debt amounting to KRW 90 million among the Defendant’s debt owed to C Association (the rate of damages was 8% per annum).

B. However, the Defendant lost the profit of the wind, which did not pay the interest, after receiving the loan from the above C&C.

Accordingly, the Plaintiff filed a claim against the Plaintiff for the performance of the guaranteed obligation, and on December 31, 2019, the Plaintiff subrogated for KRW 77,940,401 to the said C Association.

C. As of March 24, 2020, the Plaintiff has a claim equivalent to the above amount of KRW 77,940,401, damages of KRW 1,469,122, and substitute payment of KRW 989,380 against the Defendant as of March 24, 202.

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

2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff a total amount of 80,398,903 won, such as subrogated payment (amount of 77,940,401 won, damages of 1,469,122 won, subrogated payment amount of 989,380 won), and 77,940,401 won, which is the day following March 24, 2020 on which payment order was served from March 25, 2020 until April 19, 2020 from the day after March 25, 2020 on which payment order was served, to pay damages for delay calculated at each rate of 8% per annum 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the next day until the day of full payment.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.