beta
Text
1. The Defendant’s KRW 101,520,069 and KRW 101,428,019 among the Plaintiff and the Plaintiff’s KRW 101,428,019 shall be from August 13, 2015 to January 31, 2016.
Reasons
1. The following facts are recognized in full view of the facts that there is no dispute between the parties to the facts of recognition and the purport of the entire pleadings in Gap evidence Nos. 1 and 6:
A. On July 1, 2014, the Defendant concluded a credit guarantee agreement with the Plaintiff, and received a credit guarantee certificate setting forth as KRW 100 million in the amount guaranteed on July 1, 2015, and received a loan from the Industrial Bank of Korea as collateral.
B. According to the above credit guarantee agreement, where the Plaintiff performed the guaranteed obligation because the Defendant failed to repay the loan within the Industrial Bank of Korea (including the loss of the benefit of time), the Defendant shall also pay to the Plaintiff the amount of subrogation paid by the Plaintiff for the performance of the obligation, the damages for delay calculated by the Plaintiff’s rate from the date of performance of the obligation to the date of full payment, the additional guarantee fee from the day following the date of payment of the guarantee fee to the day before the date of termination of the guarantee, and ③ the legal procedure expenses incurred by the Plaintiff for the performance or preservation of the right by performing the guaranteed obligation.
C. The Defendant was unable to obtain the above loans from the Industrial Bank of Korea, and the Plaintiff subrogated for KRW 101,428,019 on August 13, 2015 upon the Bank’s request for the performance of guaranteed obligations, but did not receive reimbursement from the Defendant until now.
Plaintiff
The prescribed rate of delay damages shall be 12% per annum from August 13, 2015, the date of subrogation of this case, to January 31, 2016, and 10% per annum from the next day to the date.
E. The additional guarantee fee to be borne by the Defendant to the Plaintiff under Article 3 of the Credit Guarantee Agreement is KRW 92,050.
2. According to the above facts of determination, the defendant 101,520,069 won (=101,428,019 additional guarantee fees of KRW 101,428,019), and the amount of subrogated payment of KRW 101,428,019 among them.