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1. The Defendant’s annual interest in KRW 85,456,213 and KRW 85,456,207 among the Plaintiff, from April 5, 2017 to June 13, 2017.
Reasons
1. Facts of recognition;
A. The Plaintiff and the Defendant entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with the amount of KRW 85,000,000 as of April 12, 2016, and the term of guarantee as of April 12, 2019, in order to enable B, an individual company run by the Defendant, to obtain a loan from the Han Bank. The Defendant was granted a loan of KRW 100,000,000 from the Han Bank as security for the Plaintiff’s credit guarantee.
B. On April 5, 2017, the Plaintiff, upon the Defendant’s loss of the benefit of time, subrogated to Han Bank KRW 85,480,657 under the instant credit guarantee agreement, and recovered KRW 24,450 out of the amount of subrogation on the same day.
As a result, 85,456,207 won (i.e., 85,480,657 won - 24,450 won) out of the amount of subrogation under the credit guarantee agreement of this case remains as principal of indemnity. Under the credit guarantee agreement of this case, 6 won was determined as damages from the date of subrogation to the date of recovery.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including branch numbers in case of additional number), the purport of the whole pleadings
2. According to the above facts of determination as to the cause of claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of KRW 85,456,207 in total and KRW 85,456,213 in total, and KRW 85,456,207 in total, and KRW 85,456,207 in subrogation due to the credit guarantee agreement of this case among those, the Defendant is obligated to pay to the Plaintiff delay damages calculated at each rate of KRW 10 per annum from April 5, 2017, which is the date the original copy of the payment order of this case, to June 13, 2017, which is the delivery date of the original copy of the payment order of this case, and damages for delay calculated at 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc.
3. The defendant's assertion that the defendant cannot respond to the plaintiff's claim of this case since he applied for bankruptcy immunity.