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1. Defendant A shall pay to the Plaintiff the amount of KRW 206,204,275 and the amount of KRW 171,345,282 from October 7, 2016 to the date of full payment.
Reasons
1. Facts of recognition;
A. The Plaintiff entered into a credit guarantee agreement and performed the Plaintiff’s guaranteed obligation (1) on May 30, 2013, and the National Bank Co., Ltd. (hereinafter “National Bank”) between Defendant A and Defendant A (hereinafter “National Bank”).
(1) The term “credit guarantee agreement” refers to a credit guarantee agreement with the effect that a loan obligation to Defendant is guaranteed as the guaranteed amount of KRW 170,000,000, and that is extended from May 30, 2013 to May 30, 2014 (whichever is later until June 1, 2015) and that provides for a credit guarantee agreement with the effect that the repayment of the loan obligation shall be granted as interest or delay damages rate per annum 12 percent per annum (hereinafter “instant credit guarantee agreement”).
(2) Defendant A used a credit guarantee certificate issued by the Plaintiff pursuant to the instant credit guarantee agreement, and obtained a loan of KRW 170,000,000 from a national bank on May 30, 2013, but did not repay its loan obligations properly, and on March 20, 2015, Defendant A notified the Plaintiff that the credit accident occurred as of March 18, 2015.
Accordingly, on July 1, 2015, the Plaintiff repaid the principal amount of KRW 172,686,322 to the National Bank in subrogation of the Defendant A (i.e., the principal amount of KRW 170,000,000, KRW 1,345,282).
3) The interest and delay damages calculated at the rate of agreement or interest rate prescribed by the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings (20% per annum until September 30, 2015, and 15% per annum from the next day to the date of full payment) on the amount repaid by the Plaintiff on behalf of the Plaintiff on October 6, 2016, which is the date of the closing of argument in the instant case, are all 33,517,953. The calculation details are as follows. The rate of interest or delay damages applicable to the date of the commencement of payment on behalf of the Plaintiff on September 31, 2015, the number of days of the commencement of payment on behalf of the Plaintiff on April 1, 2015, 35, 1712% per annum 1,971,971,644 won per annum, and 171,345,285,2015,537.16,5,2015.