A. (1) On October 24, 2005, the Plaintiff entered into a credit guarantee agreement with the Defendant to guarantee the Defendant’s obligation to Defendant’s national bank by setting the Defendant’s credit guarantee principal as KRW 27,00,000,000, and the credit guarantee period as of October 20, 2010. (2) On April 27, 2009, the Plaintiff entered into a credit guarantee agreement with the Defendant to guarantee the Defendant’s obligation to the Defendant’s Daegu Bank as of April 25, 2014.

3) However, the Defendant failed to timely repay the loans of the National Bank or Daegu Bank. On July 30, 2010, the Plaintiff paid KRW 13,262,601 to the National Bank and KRW 29,707,618 to the Daegu Bank on the same day (hereinafter “instant indemnity claim”).

(4) Meanwhile, according to each credit guarantee agreement as above, the Defendant agreed to pay damages for delay at the rate determined by the Plaintiff from the date of subrogation to the date of full payment. The ratio determined by the Plaintiff is 17% per annum from July 30, 2010 to December 31, 2012, which is the date of subrogation, 15% per annum from the next day to October 31, 2013, and 12% per annum from the next day to the date of full payment.

B. Around August 2011, the Defendant’s bankruptcy and exemption from immunity filed with the Daegu District Court for bankruptcy and exemption from immunity, and the decision to grant immunity on August 28, 2012 became final and conclusive on September 12, 2012.

However, the defendant did not enter the plaintiff's claim for indemnity in the above bankruptcy and exemption procedure in the list of creditors.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1-1, 2-2, the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of claim, barring any special circumstance, the Defendant shall pay indemnity amounting to the Plaintiff’s subrogation amounting to KRW 42,970,219, and the date of subrogation for the said amount from July 30, 2010 to December 31, 2012, barring any special circumstance.