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1. As to KRW 182,685,954 and KRW 177,937,630 among the Plaintiff, the Defendant shall be annually from November 30, 2010 to January 7, 2016.
Reasons
1. Facts of recognition;
A. The Plaintiff, within the scope of the guaranteed amount, guaranteed by the Korea Technology Credit Guarantee Fund pursuant to the Korea Technology Credit Guarantee Fund Act, to the above bank for the guarantee of the Defendant’s payment of loans to the Industrial Bank of Korea. In the event that the Plaintiff performed the credit guarantee obligation on behalf of the Defendant, the Defendant concluded a credit guarantee agreement with the purport that ① the Plaintiff’s payment of the guaranteed amount by subrogation and the damages for delay in accordance with the Plaintiff’s rate from the date of payment to the date of full payment on behalf of the Defendant, ② additional guarantee fees in addition to the applicable guarantee fee rate from the date following the expiration date of the due date of payment to the date immediately preceding the date of payment on behalf of the Plaintiff, and ③ additional guarantee fees in accordance with the rate of the guaranteed amount applied
B. On November 28, 2008, the Plaintiff issued a credit guarantee certificate with regard to the principal and interest obligation of KRW 200,000,000 for small and medium enterprise loans that the Defendant would have borrowed from the said bank, setting the guarantee amount of KRW 190,000,000 and November 27, 2009 according to the said credit guarantee agreement. On December 4, 2008, the Defendant received a loan of KRW 200,000,000 from the said bank as security for the said guarantee period.
C. The Plaintiff and the Defendant changed the conditions of the credit guarantee to the effect of extending the credit guarantee term to November 26, 2010.
On October 31, 2010, the Defendant lost the interest of the term of the above loan obligation due to the closure of business, and the Defendant was unable to repay the loan to the above bank, the Plaintiff performed the guaranteed obligation by paying the principal and interest of the loan amount of KRW 192,058,184 on November 30, 2010, by subrogationing the Defendant, and the Plaintiff incurred the amount of damages of KRW 4,748,324.
E. On and after December 1, 2012, the rate of delay damages shall be the rate.