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1. Defendant A Co., Ltd.: (a) KRW 214,486,345 among the Plaintiff and KRW 214,486,037 among the Plaintiff, from September 18, 2014 to November 3, 2016.
Reasons
1. Facts of recognition;
A. On February 12, 2010, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”) on the same day with a loan of KRW 300 million at the erogate branch of Korea on the same day, with the guarantee principal of KRW 255 million and the guarantee period of KRW 100 million from the same day until February 11, 201, and the network C guaranteed the Defendant Company’s obligation to the Plaintiff under the said credit guarantee agreement on the same day.
In the above credit guarantee agreement, the Defendant Company agreed to pay the amount paid by the Plaintiff for the performance of the guaranteed obligation and damages for delay at the rate determined by the Plaintiff. Accordingly, the ratio of damages for delay determined by the Plaintiff is 12% per annum after December 1, 2012.
B. In the meantime, the Plaintiff and the Defendant Company modified the credit guarantee agreement on four occasions, and finally changed the guarantee principal into KRW 212.5 million, and the guarantee period into February 6, 2015. The Defendant Company lost the benefit of the term of the above loan on July 18, 2014, and the Plaintiff subrogated for KRW 215,425,280 on September 18, 2014.
On the other hand, the Plaintiff recovered KRW 939,243 from the Defendant Company on the same day and appropriated it for the repayment of principal, and accordingly, 308 won for the fixed damages for delay ( KRW 939,243 x 12/100 x 1/365) occurred.
C. Meanwhile, the deceased on June 2, 2014, the deceased C was appointed as an administrator of inherited property by the Suwon District Court 2017Ra2 as a result of his renunciation of inheritance.
[Judgment of the court below] The ground for recognition is without merit (Law No. 450, Dec. 1, 200)
2. According to the facts of the above recognition, the defendant company as the principal obligor of indemnity liability under the above credit guarantee agreement, and as the principal obligor of indemnity liability under the above credit guarantee agreement, 214,486,345 won [214,486,037 won (215,425,280 won - 939,243 won) calculated by adding the remaining principal and outstanding damages for delay to the plaintiff.