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1. The Defendant’s KRW 47,490,446 and KRW 8,081,954 as to the Plaintiff’s KRW 12% per annum from March 1, 2014 to August 31, 2015.
Reasons
1. Determination as to the cause of claim
(a)The following facts may be acknowledged pursuant to each description of Gap evidence 1 to 8 and 10 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings, either under dispute between the parties or under dispute:
1) On January 13, 2010, the Defendant: (a) on January 13, 2010, the D organization, a financial institution entrusted with the Plaintiff’s business, (b) was established by dividing the portion of the banking business, but only “F” regardless of whether before and after the division.
A) On March 21, 2013, the term of the guarantee principal, KRW 139,380,000, and the term of the guarantee (hereinafter “instant guarantee agreement”) concluded a housing finance credit guarantee agreement (hereinafter “instant guarantee agreement”). After that, the Plaintiff changed the term of the guarantee upon the Defendant’s application to July 1, 2013. (2) When the Plaintiff performed the guaranteed obligation pursuant to the instant guarantee agreement, the Defendant shall pay to the Plaintiff the amount of the subrogation and the damages for delay calculated at the rate determined by the Plaintiff as well as the expenses for compensating for the claim (Article 10), and ② additional guarantee fees (Article 4) calculated at the rate and calculation method determined by the Plaintiff.
The rate of delay damages determined by the Plaintiff is 12% per annum until August 31, 2015 and 8% per annum from the following day.
3) On January 21, 2010, under the Plaintiff’s credit guarantee, F loaned KRW 139,380,00 to the Defendant on March 21, 2013 (i.e., the extension on July 21, 2013) under the Defendant’s credit guarantee, but the Defendant failed to repay the loan by the expiration date. (ii) The Defendant claimed the Plaintiff to discharge the guaranteed obligation under the instant guarantee agreement. On February 28, 2014, the Plaintiff repaid the Plaintiff KRW 147,519,094 (i.e., the principal amount of KRW 139,380,000, KRW 7,510,174, KRW 628,920).
5) The Plaintiff spent KRW 128,100 as the cost of preserving the Defendant’s property. The additional guarantee fee incurred prior to the date of subrogation repayment is KRW 588,060. The additional guarantee fee incurred prior to the date of subrogation reimbursement is KRW 58,060. The amount of the fixed amount of the daily reserve (cost) calculated on February 28, 2014.