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1. The Defendant’s KRW 20,060,525 and KRW 19,845,945 among the Plaintiff’s KRW 20,060 and the Plaintiff’s KRW 12% per annum from November 26, 2014 to January 26, 2015.
Reasons
I. Description of the claim
1. The plaintiff is a non-profit special corporation established to secure obligations of small enterprises, etc. with weak growth potential and good credit standing, while the defendant is a debtor as the guarantor of the credit guarantee agreement in this case.
2. On August 22, 201, the Plaintiff entered into a credit guarantee agreement, upon the Defendant’s request for a guarantee, issued the following credit guarantee instrument and guaranteed the Defendant’s obligation to repay the principal and interest of loans.
Defendant 20,000,000 won principal of the guaranteed principal on August 22, 2011 on the date of guarantee No. B, Defendant 2 (personal enterprise: the representative of CJ-based agency) and the term of guarantee by August 21, 2014, shall be determined by the Young-dong Branch of the NACF.
3. Under a credit guarantee agreement, the Defendant incurred a guarantee accident due to delay in principal while providing a credit guarantee certificate issued by the Plaintiff as collateral and operating a business with a loan from a creditor bank. Upon the creditor Nonghyup Bank Co., Ltd. (CF)’s performance of the guaranteed obligation, the Plaintiff, as a guarantor, performed the guaranteed obligation of KRW 19,845,945 (the balance of the guaranteed principal and KRW 19,844,293,293, and interest 1,652) on November 26, 2014.
Therefore, the defendant is obliged to pay the amount of the above subrogation to the plaintiff and the damages for delay from the date of subrogation.
4. Under Article 10(1) and (2) of the Credit Guarantee Agreement, the Defendant agreed to pay damages at the rate determined by the Plaintiff based on the amount and the applicable law, order, etc. under Article 1 to the Plaintiff when the Plaintiff performed the guaranteed obligation. If the foundation under Article 28 of the Regional Credit Guarantee Foundation Act performs the guaranteed obligation, the amount of the guaranteed obligation shall not exceed the annual rate of 25/100 from the relevant small enterprise, etc., as prescribed by the Presidential Decree.