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1. The Plaintiff:
A. As to Defendant B and C, respectively KRW 8,662,412 and KRW 3,517,587 among them, Defendant B and C shall be from January 7, 2016 to November 12, 2016.
Reasons
1. Basic facts
A. Credit guarantee contract 1) The Plaintiff is a network D (hereinafter “D”).
between the credit guarantee contract and the following (hereinafter referred to as the “instant credit guarantee contract”):
The guarantee amount was concluded: 11,00,000 won guarantee contract date: the insured on October 17, 2001 (a loan institution): the guarantee period of the US Agricultural Cooperative: from October 17, 2001 to October 17, 2006: (b) the credit guarantee agreement of this case was entered into, and if the Plaintiff performs its guarantee obligation, it was agreed that the payment by subrogation and the damages for delay will be paid to the Plaintiff.
B. On December 15, 2005 under the instant credit guarantee agreement, the Plaintiff acquired the Plaintiff’s claim for reimbursement by subrogation of KRW 12,812,972 for the guaranteed obligation to the towing Agricultural Cooperative. On January 6, 2016, the sum of the principal and interest of the claim for reimbursement as of January 6, 2016 is KRW 25,987,237 (i.e., KRW 10,55,763 for delay damages of KRW 15,356,961 for delay damages of KRW 10,56,961 for subrogation).
C. On August 13, 2015, D, a contractor under the instant credit guarantee contract, died on the death of Defendant A, and succeeded to the shares of 1/3 of each of the Defendants, who are their children. Defendant A was subject to the judgment of limited recognition inherited as the District Court Decision 2016 Mo695 on August 2, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 2, the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, Defendant B and C shall pay to the Plaintiff damages for delay calculated at the rate of 12% per annum per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from January 7, 2016, which is the day following the base date of calculation, such as unpaid interest, to KRW 8,662,412, the total amount of principal and interest on subrogation under the credit guarantee contract in this case, and the principal amount of KRW 3,517,587, out of the total amount of principal and interest paid by the Defendant B and C (1/3), from the following day to November 12, 2016, which is the last delivery date of the copy of the complaint in this case.