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1. The Defendant’s KRW 45,426,421 and KRW 6,963,635 among the Plaintiff’s KRW 45,426 and the Plaintiff’s KRW 12% per annum from April 5, 2013 to December 8, 2014.
Reasons
1. The following facts may be acknowledged in the absence of a dispute between the parties to the facts of recognition, or in the statement in Gap evidence Nos. 1 to 8, comprehensively taking into account the purport of the entire pleadings:
On February 25, 2010, the Plaintiff entered into a housing finance credit guarantee agreement (the credit guarantee agreement of this case) with the Defendant, setting the guarantee amount of KRW 200 million and the guarantee period of KRW 200 million with respect to the loan of part payments from the Nonghyup Bank.
B. On February 25, 2010, the Defendant submitted a guarantee issued under the credit guarantee agreement of this case and received a loan of KRW 200 million from the Nonghyup Bank.
C. The NongHyup Bank requested the Plaintiff to discharge the guaranteed obligation on the ground that the Defendant lost the benefit of the term of the above loan. On April 4, 2013, the Plaintiff repaid KRW 207,663,616 to the Nonghyup Bank in accordance with the credit guarantee agreement of this case.
According to the credit guarantee agreement in this case, when the plaintiff fulfilled a guaranteed obligation, the defendant bears the amount of subrogation on behalf of the plaintiff and damages for delay and the incidental obligation according to the rate prescribed by the relevant statutes. The rate of damages for delay determined by the plaintiff is 12% per annum from December 1, 2012 to December 1, 2012.
E. The Plaintiff collected KRW 200,690,411 from the Defendant on April 11, 2013, and KRW 200,690,411 on October 28, 2014, and the amount of subrogation remaining after the Defendant collected is KRW 6,963,635, and the fixed damages for delay are KRW 37,740,816, and the additional guarantee fee is KRW 721,970.
2. According to the facts of the determination as to the Plaintiff’s claim, barring any special circumstance, the Defendant shall pay to the Plaintiff the amount of KRW 45,426,421 (the additional guarantee fee of KRW 37,740,716 (the amount of subrogated payment of KRW 6,963,635) under the Credit Guarantee Agreement and the additional guarantee fee of KRW 721,970 (the additional guarantee fee of KRW 721,970), whichever is the following day after the Plaintiff seeks reimbursement for the principal of KRW 6,963,635 (the delivery date of the complaint of this case from April 5, 2013 until December 8, 2014).