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1. The Defendant’s 44,019,630 won and 6,981,094 won among the Plaintiff’s 44,019,630 won as to the Plaintiff’s 27th April 27, 2013 to December 10, 2014.
Reasons
1. Facts of recognition;
A. On September 29, 2009, the Plaintiff entered into a credit guarantee agreement (hereinafter referred to as the “credit guarantee agreement of this case”) with the Defendant, setting the term of guarantee principal as KRW 200 million and the term of guarantee from October 1, 2009 to October 1, 2012 in receiving an apartment payment loan from the National Agricultural Cooperative Federation (the trade name is changed to Nonghyup Bank; hereinafter referred to as “CF”).
B. On the same day, the Defendant submitted a guarantee issued under the instant credit guarantee agreement and received a loan of KRW 200 million from the Nonghyup.
C. According to the credit guarantee agreement of this case, when the plaintiff performed the guaranteed obligation, the defendant bears damages for delay and incidental obligations at the rate determined by the plaintiff based on the amount, the Korea Housing Finance Corporation, the Enforcement Decree of the Korea Housing Finance Corporation, the regulations on the operation of the Corporation, and the regulations on guarantee.
(Article 10)
D. On April 3, 2013, the Plaintiff received a claim for the performance of a guaranteed obligation from the agricultural cooperative, on the ground that the Defendant lost its benefit from the loan, and on April 26, 2013, the Plaintiff subrogated the agricultural cooperative for KRW 207,342,738 pursuant to the credit guarantee agreement of this case.
E. By October 28, 2014, the Plaintiff collected KRW 200,361,644 out of the amount of subrogated payment, and appropriated it to the amount of subrogated payment, and the amount of subrogated payment remains at the present rate of KRW 6,981,094, and the remaining fixed delay damages are KRW 36,229,776, and the additional amount of subrogated payment is KRW 808,760.
On the other hand, the rate of delay damages under the credit guarantee agreement of this case is 12% per annum from December 1, 2012 to December. 1.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 10, purport of whole pleadings
2. Determination on the cause of the claim
A. According to the above facts, the defendant, barring special circumstances, shall pay to the plaintiff the amount of 44,019,630 won for reimbursement under the credit guarantee agreement of this case = 6,981,094 won for delay delay in the amount of 6,981,094 won for subrogation payment = 36,229,776 won for additional guarantee fee 808.