Text
1. As to KRW 41,701,104 and KRW 40,894,420 among them, the Defendant shall pay to the Plaintiff the year from April 6, 2012 to September 22, 2014.
Reasons
1. Determination as to the cause of claim
A. 1) The Plaintiff provided credit guarantee to the Defendant to obtain a loan for the stabilization of livelihood from the Korean Teachers’ Credit Union. 2) The Defendant was unable to repay the above loan, and the Plaintiff subrogatedly repaid KRW 40,894,420 to the Korean Teachers’ Credit Union on January 6, 2012.
The base damages for delay on April 5, 2012 are KRW 806,684.
The overdue interest rate is 15% per annum.
[Reasons for Recognition] The entry of Gap evidence Nos. 1 through 4 and the purport of the whole pleadings
B. According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 41,701,104 (=40,894,420 won) and the amount of the subrogated principal of KRW 40,894,420 among them, 15% per annum from April 6, 2012 to September 22, 2014, which is the delivery date of a copy of the complaint of this case, and damages for delay calculated at the rate of 20% per annum from the next day to the day of full payment.
2. Judgment on the defendant's assertion
A. The Defendant could have reduced or exempted the instant debt by 60% through the National Dental Fund. However, the Defendant asserted to the effect that the Plaintiff’s claim is unreasonable, since it lost this opportunity due to the mistake of the Plaintiff’s employees.
B. However, it is difficult to accept the Defendant’s assertion on the ground that there is insufficient evidence to deem that the Defendant did not have been granted reduction or exemption of the instant obligation due to the mistake of
3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.