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1. The Defendant’s KRW 172,789,248 among the Plaintiff and KRW 172,789,094 among them shall be from December 19, 2019 to January 22, 2020.
Reasons
1. Facts of recognition;
A. On March 29, 2019, the Plaintiff guaranteed the Defendant’s loan obligation to the Defendant’s corporate bank. In the event that the Plaintiff performed the guaranteed obligation, the Plaintiff concluded a credit guarantee agreement with the effect that ① the amount of the Defendant’s performance of the guaranteed obligation, ② the amount of the performance of the guaranteed obligation multiplied by the rate determined by the Plaintiff from the date of the performance of the guaranteed obligation to the date of repayment, ③ the expenses incurred in the performance of the guaranteed obligation, ④ the expenses incurred in the preservation, transfer, and exercise of the right acquired through the performance of the guaranteed obligation, ④ the unpaid guarantee fee, delayed guarantee fee, guarantee fee, penalty, and ④ the amount of the amount of the guaranteed obligation multiplied by the rate determined by the Plaintiff from the date of payment of each expense to the date of repayment, 7,500,000 won with the credit guarantee principal, and the credit guarantee period from March 29, 2019 to March 28, 202.
B. On June 3, 2019, the Plaintiff entered into a credit guarantee agreement with the Defendant, setting the credit guarantee principal of KRW 135,00,000, and the credit guarantee period from June 3, 2019 to June 2, 2020.
C. On December 19, 2019, the Plaintiff repaid to a corporate bank a total of KRW 173,496,324 (the principal interest of KRW 189,275,275 (the principal interest of KRW 135,00,000) with the performance of the guaranteed obligation under the aforementioned credit guarantee agreement, and collected KRW 707,230 out of the said repayment amount.
The rate of damages determined by the Plaintiff is 8% per annum, and the damages incurred against the 707,230 won recovered by the Plaintiff are 154 won.
[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the defendant shall be the plaintiff from December 19, 2019, which was the date of delivery of the original copy of the instant payment order, to January 22, 2020, for the plaintiff as to KRW 172,789,248 (the amount of indemnity of KRW 172,789,094 (the amount of indemnity of KRW 154) and the amount of indemnity of KRW 172,789,094.