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1. The Defendant’s annual interest in KRW 50,313,00 and KRW 49,210,385 among the Plaintiff, from June 12, 2017 to April 10, 2018.
Reasons
1. Facts of recognition;
A. On December 23, 2013, the Plaintiff entered into a credit guarantee agreement with the Defendant on the amount guaranteed as KRW 48 million (hereinafter “the instant credit guarantee agreement”). On the same day, the Defendant received a loan from the Industrial Bank of Korea as collateral a credit guarantee agreement issued by the Plaintiff pursuant to the instant credit guarantee agreement.
B. On April 18, 2017, the Defendant caused a guarantee accident due to overdue interest on loans to the Industrial Bank of Korea. On June 12, 2017, the Plaintiff subrogated the Industrial Bank of Korea for KRW 49,210,385, including the principal and interest of loans.
(A) The Defendant’s obligation to lend money to the Industrial Bank of Korea was extinguished within its scope. Accordingly, penalty for attempted breach of contract was calculated at the rate of 1.9% per annum for 171 days from the date of entering into the instant credit guarantee agreement, 675,363 won by subrogation, and 10% per annum from June 12, 2017, which is the date of subrogation determined by the Plaintiff pursuant to the instant credit guarantee agreement.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. According to the above facts of determination, the defendant who is a party to the credit guarantee agreement of this case is obligated to pay to the plaintiff 50,313,008 won in total, including the amount of subrogated, etc. (=49,210,385 won penalty for attempted penalty of 427,260 won by subrogation) and 49,210,385 won by subrogation, which is the date of subrogation, to the plaintiff, 10% per annum per annum from June 12, 2017 to April 10, 2018, which is the date of delivery of the complaint of this case, and damages for delay calculated by 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.
If so, the plaintiff's claim shall be accepted for the reasons and it is so decided as per Disposition.