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1. The defendant shall not exceed 76,964,141 won and 68,575.
Reasons
1. Facts of recognition;
A. On December 5, 2014, C loaned KRW 68 million to B on December 5, 2014, and the Plaintiff entered into a guarantee agreement with B to guarantee the repayment of the principal and interest of the said debt and the subordinate debt.
B. B did not pay interest on March 15, 2019, and the Plaintiff, upon notification of a credit guarantee accident, subrogated KRW 68,575,165 to C on May 3, 2019.
After that, the plaintiff paid KRW 8,388,976 to the execution cost of provisional seizure, etc.
C. B died on February 28, 2019, and the Defendant, among his inheritors, was subject to the Jeju District Court Decision 2019Ra10107, which was inherited by the Jeju District Court. The remaining inheritors were subject to the adjudication on the renunciation of inheritance.
2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the amount of indemnity and legal expenses KRW 76,964,141, and the principal of indemnity amount of KRW 68,575,165, which is the date of subrogation from May 3, 2019 to May 31, 2019, which is the date of delivery of the complaint in this case, 8% per annum of agreed delay damages, and delay damages calculated at the rate of 12% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.
(A) The Plaintiff filed a claim for 15% per annum, but the provision on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings was enacted on May 21, 2019 and enforced on June 1, 2019, and only damages for delay calculated at the rate of 12% per annum from the enforcement date of the above Act shall be recognized as ever since the above enforcement date). 3. If the Plaintiff’s instant claim is reasonable within the scope of the above recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.