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1. B on September 2, 2014, face value of KRW 200,00,000 for the defendant, the payee, the defendant, the place of issuance, and the place of payment for the defendant.
Reasons
1. Facts of recognition;
A. On August 19, 201, when the Plaintiff and B operate a distributor with the trade name “D,” the Plaintiff entered into a credit guarantee agreement between the Plaintiff and the Plaintiff with the guarantee-type loan guarantee until August 18, 201, and the credit guarantee agreement between the Plaintiff and the guarantee-type loan guarantee and the Plaintiff’s credit guarantee agreement issued by the Plaintiff as security under the said credit guarantee agreement.
2) After loaning KRW 50,000,000 from the Plaintiff, B again entered into a credit guarantee agreement between the Plaintiff and the Plaintiff by July 29, 2013 and July 29, 2014 with a guarantee term of KRW 54,00,000,00 as well as by July 29, 2014, and B borrowed KRW 60,000 from the bank as security the credit guarantee agreement issued by the Plaintiff pursuant to the said agreement.
B. At the time of each credit guarantee agreement as mentioned above, if B loses the benefit of time due to loans borrowed by the Plaintiff in accordance with the Plaintiff’s credit guarantee agreement, and the Plaintiff performed the guaranteed obligation in subrogation of B, B shall pay the amount of subrogation and the damages for delay determined by the Plaintiff to the Plaintiff, and the rate of damages for delay determined by the Plaintiff shall be 12% per annum from December 1, 2012 to December 2, 2014. (ii) B lost the benefit of time due to the above loan, and the occurrence of the guaranteed accident occurred on July 2, 2014. On November 6, 2014, the Plaintiff subrogated 80,041,197 won to the Bank of Korea on behalf of the Plaintiff, and collected 51,710 won on the date of subrogation, and collected 17 won finally determined damages.
4. Meanwhile, according to Article 4(1) of the above credit guarantee agreement, when a debtor, who has been granted credit guarantee, fails to discharge his/her obligation within the given period, and is not released from his/her liability for the performance of a guaranteed obligation, the Plaintiff calculated by multiplying the amount of the debtor's obligation guaranteed by the relevant debtor by the rate calculated by adding 0.05% per annum to the guarantee fee rate as determined by