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42,602,529 won and its 41,926,128 won among the defendants shall be annual from February 10, 2015 to May 9, 2015.
Reasons
1. Basic facts
A. On June 12, 2013, the Plaintiff entered into a credit guarantee agreement with the Defendant (hereinafter “the instant credit guarantee agreement”) and issued a written credit guarantee agreement with the Defendant on June 10, 2016, setting the term of guarantee as KRW 50 million and the term of guarantee as of June 10, 2016. The Defendant submitted the said written credit guarantee agreement and received a loan from the bank.
B. According to the credit guarantee agreement of this case, where the Plaintiff fulfilled the guaranteed obligation under the credit guarantee agreement of this case, the Defendant is obliged to pay to the Plaintiff the amount of the guaranteed obligation, damages calculated by the ratio set by the Plaintiff from the date of performance of the guaranteed obligation to the date of repayment, and the expenses for preserving the right acquired by the performance of the guaranteed obligation. The rate of damages determined by the Plaintiff is 14% per annum from December 2, 2010 to May 31, 2015.
C. On October 11, 2014, the Defendant delayed the payment of interest on the above loan, and lost the benefit of time by delaying the payment of installment payments on December 23, 2014. The Plaintiff subrogated to the Bank KRW 44,14,828 on February 10, 2015, and later recovered KRW 2,218,70 among them.
[Grounds for Recognition: Facts without dispute, entry of Gap 1-10 evidence, purport of the whole pleadings]
2. According to the above facts, the defendant is obligated to pay to the plaintiff 42,602,529 won [=41,926,128 won in the amount of subrogated payment + KRW 44,144,828 won in the amount of subrogated payment – KRW 851 won in the legal procedure cost of KRW 675,550 in the amount of subrogated payment] and the balance of subrogated payment 41,926,128 won in the amount of subrogated payment [41,926,128 won in the amount of subrogated payment] from February 10, 2015 to May 9, 2015, the delivery date of a copy of the complaint in this case, which is 14% per annum under the agreement, and damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.
3. If so, the plaintiff's claim of this case is justified.