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1. The Defendant’s annual interest in KRW 349,726,319 and KRW 348,93,629 among the Plaintiff, from August 4, 2016 to September 1, 2016.
Reasons
Facts of recognition
On June 19, 2014, the Plaintiff agreed to pay B the said loan in lieu of B, within the limit of KRW 360,000,000,000,000 of the credit guarantee principal, where B and B are unable to repay a loan to a financial institution, and thereafter, B and the Plaintiff agreed to pay B the said subrogated payment, additional guarantee fee as determined by the Plaintiff, and delay damages as determined by the Plaintiff, respectively, to issue a credit guarantee certificate to B.
On the same day, the defendant jointly and severally guaranteed all debts owed to the plaintiff B.
B submitted the letter of credit guarantee to the National Bank and borrowed it as a security, but the Plaintiff failed to repay it as security, and the Plaintiff subrogated to the National Bank for KRW 348,93,629 on August 4, 2016, and the additional guarantee fee is KRW 792,690.
The rate of damages for delay after February 1, 2016 determined by the Plaintiff is 10% per annum.
[Grounds for recognition] Gap 1-5's entries and the purport of the whole pleadings.
Judgment
According to the above facts, the defendant is obligated to pay to the plaintiff 349,726,319 won, including indemnity and additional guarantee fees (=348,933,629 additional guarantee fees of KRW 792,690,00,000,000,000 in subrogation) and 348,933,629,000 won in subrogation, which is the date of subrogation, for the period from August 4, 2016 to September 1, 2016, which is the date of delivery of a copy of the complaint of this case, 10% per annum, and 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.
In conclusion, the plaintiff's claim is justified and acceptable.