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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. (1) On September 10, 201, the Plaintiff issued a credit guarantee certificate (credit rate: 85,000,000 won of the guaranteed number D, the guaranteed principal, and the credit guarantee certificate (credit rate: 85%) on September 9, 2011 (the change to September 4, 2015) pursuant to the credit guarantee agreement with Nonparty B, the representative of Nonparty B, “C” on September 10, 201, and B guaranteed the obligation to repay principal and interest upon receiving a general loan of KRW 100,00,000 from the Nonghyup Bank on September 13, 2010.
According to the above credit guarantee agreement, where the Plaintiff performs the above guaranteed obligation, B is required to pay to the Plaintiff the amount of subrogated payment made by the Plaintiff for the performance of the guaranteed obligation and the amount of damages paid by the Plaintiff from the date of full payment to the date of full payment of the amount of damages incurred by the Plaintiff (12% per annum from December 1, 2012 to January 31, 2016, and 10% per annum from the next day to the date of closing argument in this case) and the additional guarantee fee at the rate calculated by adding the rate of 5% per annum from the date following the date of payment of the guaranteed obligation to the date preceding the date of termination of the guaranteed obligation, and (3) to all incidental obligations, such as legal procedure expenses, etc. paid by the Plaintiff for the performance or preservation of the right.
(2) B delayed interest on May 9, 2015 on the said loan due to the aggravation of an insolvent financial institution, but caused a loan accident that is attributable to the loss of the benefit of June 10, 2015, and eventually, failed to repay the loan. As a credit guarantee agent, B paid 85,579,443 won ( principal amount of KRW 85,00,000) to the Nonghyup Bank on July 14, 2015.
(3) Therefore, B, from July 14, 2015 to January 31, 2016, 12% per annum, and from February 1, 2016 to the full payment date, 10% per annum, due to the Plaintiff’s liability for reimbursement.
B. B’s disposal act on May 25, 2015, immediately after delinquency in the interest of the loan, as seen above.