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1. The defendant A pays to the plaintiff KRW 288,804,288 and KRW 287,651,608 among them, from November 27, 2014 to December 8, 2014.
Reasons
1. Basic facts
A. Upon Defendant A’s guarantee request, the Plaintiff entered into a credit guarantee agreement as shown below, and issued a credit guarantee agreement to Nonparty A bank. Accordingly, Defendant A received a loan from an enterprise bank as shown below.
B
B. On September 26, 2014, a credit guarantee accident occurred to Defendant A, and the Plaintiff, upon the request for the performance of the guaranteed obligation of an enterprise bank, subrogated to the enterprise bank as shown below.
B
C. According to Article 10 of the Credit Guarantee Agreement prepared between the Plaintiff and the Defendant A, when the Plaintiff fulfilled the guaranteed obligation, the Plaintiff shall be paid damages for delay at the prescribed rate from the date of performance to the date of full payment, and the rate shall be as set forth below.
According to Article 10 of the Credit Guarantee Agreement between the Plaintiff and the Defendant, Defendant A shall pay to the Plaintiff the legal procedure cost incurred by the Plaintiff in order to enforce or preserve the claim for reimbursement against Defendant A. As such, the unpaid balance of the legal procedure cost incurred by the Plaintiff in order to preserve the claim for reimbursement against Defendant A is currently KRW 1,152,680.
[Ground] For Defendant A: Judgment without pleading (Article 208(3)1, and Article 257 of the Civil Procedure Act) (Article 208(3)1, Article 257 of the Civil Procedure Act): Facts that there is no dispute against the Defendant Company; Gap evidence 1 through 5 (including branch numbers; hereinafter the same shall apply); Gap evidence 11 through 13; the purport of the whole pleadings;
2. According to the facts of the above determination as to the claim for reimbursement against Defendant A, Defendant A shall pay to the Plaintiff the aforementioned amount of KRW 287,651,608, and KRW 1,152,680 of the above amount of subrogated payment and KRW 288,804,288 of the above legal procedure costs, and KRW 287,651,608 of the amount of subrogated payment, from November 27, 2014 to December 8, 2014, which is the date of delivery of a copy of the complaint of this case, 12% per annum based on the agreed delay damages rate, and the next day shall be fully paid.