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1. The defendant shall pay to the plaintiff the amount of KRW 58,730,738 and the amount of KRW 42,650,983 from July 16, 2020 to the day of full payment.
Reasons
1. The following facts of recognition shall be acknowledged, either in dispute between the parties or in full view of the purport of the entire pleadings, as stated in Gap evidence 1 to 9 (including evidence number), Eul evidence 1 and 2:
A. On April 19, 2010, the Defendant’s husband B entered into a housing finance credit guarantee agreement with the Plaintiff and the credit guarantee principal of KRW 54,00,000, guarantee period from April 29, 2010 to April 29, 2012 (hereinafter “instant credit guarantee agreement”), and issued a credit guarantee certificate from the Plaintiff. On April 29, 2010, the Defendant’s husband offered the said credit guarantee certificate as collateral after obtaining a loan from C Co., Ltd. (hereinafter “Nonindicted Bank”) with a loan from the National Housing Fund loan as set forth in the National Housing Fund Tax Act as of April 29, 2012.
B. According to the instant credit guarantee agreement, where the Plaintiff fulfills the guaranteed obligation, B shall reimburse the amount subrogated to the Plaintiff, damages for delay calculated at the rate determined by the Plaintiff from the day following the date of subrogation to the date of recovery (8% per annum from September 1, 2015), additional guarantee fees, etc.
C. B, due to the default of interest, lost the benefit of the term of the above loan obligation, and on July 25, 2016, the Plaintiff subrogated 55,587,390 won as the performance of the guaranteed obligation on the above loan obligation to the non-party bank.
Since then, the Seoul Central District Court (2016da43608), the individual rehabilitation procedure was in progress with respect to B, and the above court approved the repayment plan of B on October 7, 2016, and accordingly, B repaid the principal amount of KRW 12,936,407 to the Plaintiff from March 10, 2017 to July 10, 2020.
E. Meanwhile, from July 26, 2016 to July 15, 2020, damages for delay from July 26, 2016 to July 15, 2020 shall be damages for delay from July 26, 2016 to July 14, 2020, KRW 15,95,167 (Evidence 9) and from July 15, 2020 to July 15, 2020, the delivery date of the application for alteration of the purport of the instant claim and cause of the claim.