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1. The Defendant’s annual interest in KRW 149,44,859 and KRW 148,857,587 among the Plaintiff, from August 22, 2016 to September 1, 2016.
Reasons
1. Facts of recognition;
A. On December 10, 2013, the Plaintiff: (a) borrowed KRW 25,050,00 from Jinjin Fisheries Cooperatives; (b) concluded a credit guarantee agreement with the content that guarantees the repayment obligation of KRW 21,250,000 among the repayment obligation of the principal and interest of loans to the said Cooperatives; (c) on May 28, 2015, the Defendant borrowed KRW 150,000 from Jinjin Fisheries Cooperatives; and (d) concluded a credit guarantee agreement with the content that guarantees the repayment obligation of KRW 127,50,000 among the repayment obligation of the principal and interest of loans to be borne by the said Cooperatives (hereinafter “each credit guarantee agreement”).
B. As the Defendant was unable to repay the above loans, the Plaintiff subrogated for KRW 149,287,943 on August 10, 2016, in total, the principal and interest of the loans to the Siljin Fisheries Cooperatives, pursuant to each credit guarantee agreement in the instant case.
C. The agreed interest rate for delay under each credit guarantee agreement of this case is 12% per annum.
As of August 22, 2016, the Plaintiff recovered KRW 430,356 as of August 2, 2016, and collected KRW 148,857,587,587 (=149,297,943 - 430,356). As to the amount collected, the Plaintiff incurred a final delay damages of KRW 587,272.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. According to the above facts of determination, the Defendant, as the obligor under each credit guarantee agreement of this case, is obligated to pay the Plaintiff the amount of KRW 149,44,859 (=148,857,587,272 of the amount of subrogated payment plus KRW 148,857,587) and the damages for delay calculated at the rate of 12% per annum as agreed on August 22, 2016 to September 1, 2016, the delivery date of the original copy of the payment order of this case, and 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the next day to the date of full payment.
3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.