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1. Defendant D shall pay to the Plaintiff KRW 21,665,823 as well as its full payment from the day immediately following the day when the instant judgment became final and conclusive.
Reasons
1. Basic facts
A. The conclusion of a credit guarantee agreement and the execution of the loan 1) The Plaintiff’s Intervenor (hereinafter “ Intervenor”).
E Co., Ltd. (hereinafter referred to as “E”)
B) After entering into two credit guarantee agreements as listed below, a credit guarantee agreement was issued (hereinafter referred to as the “first guarantee agreement of this case”) and the second guarantee is referred to as the “second guarantee agreement of this case” and the total amount of the second guarantee agreement of this case is referred to as the “each guarantee agreement of this case”.
(2) At the time, E’s representative director agreed to pay the amount of debt owed to the Intervenor under each of the above guarantee contracts and the amount of the debt guaranteed under each of the above guarantee contracts and the amount of the debt guaranteed under each of the above guarantee contracts and the amount of the debt guaranteed under each of the above guarantee contracts and the amount of the debt guaranteed under the first guarantee period of the first guarantee period of the guaranteed loan of June 29, 2015 and the expenses incurred in the preservation, transfer and exercise of the rights, expenses incurred in the performance of the guaranteed obligation, and penalty, etc., calculated by the Intervenor from the date of subrogation to the date of full payment.
Meanwhile, the rate of damages for delay determined by the Intervenor is 10% per annum after February 1, 2016.
3) E used the credit guarantee form under the instant first guarantee contract to obtain a loan of KRW 195,00,000 from the F Bank on September 30, 2017, and KRW 600,000 from the G Bank on October 9, 2017, using the credit guarantee form under the instant second guarantee contract, respectively (hereinafter each of the above loans is referred to as “each of the instant loans”).
B. (B) The occurrence of a credit guarantee accident and the Intervenor’s subrogation 1) E suffered a financial crisis from around October 16, 2017, due to the financial crisis, and was dealt with in bad faith around October 25, 2017. An intervenor was at the F Bank on December 12, 2017 under each of the instant guarantee agreements, and the Intervenor was at the F Bank on December 12, 2017, and on July 2017.