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1. The Plaintiff:
A. As to KRW 52,834,814 and KRW 52,527,834 among them, Defendant A shall have from June 27, 2014 to August 31, 2015.
Reasons
1. Facts of recognition;
A. On July 20, 2012, Defendant A entered into a credit guarantee agreement (hereinafter “instant agreement”) with the Nonghyup Bank Co., Ltd. (hereinafter “CF”) which was entrusted by the Plaintiff with a housing finance credit guarantee business, with respect to the employee loan obligations against Defendant A Nonghyup Bank (hereinafter “CF”), with the guaranteed principal amount of KRW 50,400,000, and the term of guarantee was July 20, 2014. On the same day, Defendant A obtained a loan of KRW 56,00,000 from the Nonghyup Bank as collateral for the instant agreement (hereinafter “instant loan”).
B. Defendant A paid 52,527,834 won to the Nonghyup Bank on June 27, 2014 (i.e., principal amounting to KRW 50,400,000) (i.e., principal amounting to KRW 2,143,720). Under the instant agreement, Defendant A paid 296,730 won for additional guarantee fee, 9,380 won for attempted guarantee fee, and 870 won for late payment.
C. The rate of damages for delay under the instant agreement is 12% per annum from the day following the Plaintiff’s implementation to August 31, 2015, and 8% per annum from the following day.
On April 29, 2015, the Seoul Southern District Court sentenced Defendant A to six months of imprisonment with prison labor, and sentenced Defendant B to four months of imprisonment with prison labor (2015dan964), while Defendant A appealed against this, on July 10, 2015, the lower court dismissed the appeal on the following grounds: “The Defendant conspired to obtain the full-time rent of workers by fraud, prepared a false lease contract, etc. with Defendant A and the lessor Defendant B, thereby obtaining a loan of KRW 56,00,000 from the Nonghyup Bank.”
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 14, the purport of the whole pleadings
2. Determination
A. According to the facts of the above recognition of the claim against Defendant A, the Defendant A, pursuant to the instant agreement, from June 27, 2014, as to KRW 52,834,814 (i.e., the amount of subrogated payment of KRW 52,527,834, an additional guarantee fee of KRW 9,380,00,000,000 in arrears of KRW 870,000), and the amount of subrogated payment of KRW 52,527,834, which is the date of subrogated by the Plaintiff.