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1. Defendant A paid KRW 98,375,00,07 to the Plaintiff and KRW 97,212,227 among them, from September 13, 2016 to the date of full payment.
Reasons
1. Facts of recognition;
A. The Plaintiff’s second guarantee (10,000,000,000 on April 13, 201, 2015 (10,000,000) first guarantee (amount of loan) on the date of loan of a lending bank (the repayment due date) on the date of loan of a lending bank (amount of loan), 2009.22. (2) on September 2, 2009 (2015.09.17, 2015.) small and medium enterprise financing (10,000,000) small and medium enterprise financing loans (10,000,000 on April 13, 201, 200 (4.0,4.10, 2015) on the date of loan of a lending bank (amount of loan) on the date of loan of the Plaintiff to Defendant A.
(2) As to the obligation to repay the principal and interest of loan to be received and borne from Defendant A, a guarantee agreement between Defendant A (hereinafter “instant guarantee agreement”).
(2) As the content of the instant guarantee agreement, Defendant A agreed to pay the Plaintiff the amount paid by the Plaintiff for performance of the guaranteed obligation and the damages for delay thereof, ② penalty calculated by adding 0.5% to each guarantee rate for the principal obligation from the day following the expiration date of the term of validity on which the Plaintiff’s guaranteed obligation is paid to the day before the expiration date of the term of payment, ③ the expenses paid by the Plaintiff in delay for the preservation of the claim for reimbursement, and the rate of damages determined by the Plaintiff is 12% per annum from December 1, 2012.
3) On March 16, 2015, Defendant A delayed the payment of interest on the loan and lost the benefit of the period for the loan. Accordingly, on May 19, 2015, the Plaintiff paid the loan to the non-party bank 114,111,616 (the first, 7,531,083 second, 36,580,533) as the principal and interest of the loan. In addition, the Plaintiff spent KRW 1,080,330 as the legal procedure expenses for preserving the claim for reimbursement, and the additional guarantee fee for the subrogation from the date following the expiration date of the guarantee period until the date immediately preceding the expiration date of the guarantee period x 82,450 won (36,00,000 x 2.