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1. The Defendant’s KRW 246,382,059 and KRW 246,33,860 among the Plaintiff and the Plaintiff’s KRW 246,33,860 from June 28, 2013 to October 28, 2013.
Reasons
1.The following facts of recognition do not conflict between the Parties:
On May 24, 2012, the Plaintiff agreed to guarantee the Defendant’s obligation to pay a loan to Han Bank, and guaranteed on May 24, 2012 an amount equivalent to KRW 297,00,000, equivalent to KRW 90 per cent of the Defendant’s obligation to pay a loan to Han Bank, and issued a credit guarantee certificate with the term of guarantee up to May 23, 2013.
B. At the time of the above agreement, where the Plaintiff subrogated for the Defendant’s obligation to pay a loan to a single bank under the above guarantee, the Plaintiff would be paid the amount of subrogated payment and the damages for delay calculated at the rate of damages for delay as determined by the Plaintiff from the date of subrogation to the date of completion of indemnity, and the expenses incurred by the Plaintiff to compensate for the Defendant’s claim for reimbursement by subrogation. The rate of damages for delay determined by the Plaintiff is 12% per annum from December 1, 2012 to
C. On October 29, 2012, the Defendant obtained a loan of KRW 300,00,00 from one bank, and thereafter, on June 28, 2013, the Plaintiff paid to Han Bank the Defendant the principal and interest of the Defendant’s loan amount of KRW 250,285,823, and recovered KRW 3,951,963, out of the amount of subrogated payment by the Defendant. Accordingly, the Plaintiff’s unpaid amount of subrogated amount of KRW 246,33,860 (=250,285,823 - 3,951,963), and the final delay amount of the collected amount would be less than KRW 1,299 (=3,951,963 】 1/365 per annum 】 125 per annum, as the Plaintiff seeks).
Meanwhile, the Plaintiff spent KRW 1,357,090 for the purpose of preserving the claim for reimbursement due to subrogation against the Defendant, and collected KRW 1,310,190 from the Defendant, and accordingly, the Plaintiff’s unrecovered claims amounting to KRW 46,90 ( KRW 1,357,090 - 1,310,190).
2. According to the above facts of determination, the defendant shall pay the plaintiff unpaid amount of subrogation and the amount of losses for finalized delay, and the amount of expenses for preserving the unpaid amount of claims on March 2, 2002.