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1. Defendant A’s KRW 228,786,37 and KRW 177,926,028 among the Plaintiff and KRW 50,804,131 among the Plaintiff.
Reasons
1. Facts of recognition;
A. The credit guarantee agreement between the Plaintiff and the Defendant A 1) On November 27, 2009, Defendant A entered into a credit guarantee agreement between the Plaintiff and the Defendant A with the amount guaranteed by the Plaintiff KRW 50,000,000,000, the surety A, and the term of guarantee until November 21, 2014, and the creditor Jeonbuk Bank (hereinafter “the instant credit guarantee agreement”).
(2) On September 22, 2011, Defendant A entered into a credit guarantee agreement with the Plaintiff, and obtained a loan of KRW 50,000,000 from the former bank as collateral. (2) By September 17, 2015, Defendant A entered into a credit guarantee agreement with the creditor-based bank (hereinafter “instant credit guarantee agreement”). The credit guarantee agreement with the creditor-based bank (hereinafter “each of the instant credit guarantee agreements”) and obtained a loan of KRW 180,00,000 from the new bank as collateral security.
3) In entering into each of the instant credit guarantee agreements, if the Plaintiff performed the credit guarantee obligations to the Jeonbuk bank and the new bank, the Defendant A agreed to pay to the Plaintiff the amount of subrogation and the amount of delay calculated by the Plaintiff’s interest rate in arrears (current 12% per annum) from the date of subrogation to the date of repayment, and the penalty calculated by the rate of 1.3% per annum from the date following the date of payment of the final guarantee fee to the date of payment of the guaranteed amount if the Plaintiff’s subrogation is made without paying the guarantee fee. (B) The occurrence of the guarantee accident and the Plaintiff’s subrogation 1) the Defendant incurred the guarantee accident stipulated in each of the instant credit guarantee agreements (hereinafter “the instant guarantee accident”).
Accordingly, on December 23, 2014, the Plaintiff: (i) KRW 50,804,131 (= Principal KRW 50,000,000; KRW 804,131); and (ii) New Bank on December 15, 2014.