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1. The Defendant’s KRW 11,582,168 and KRW 11,353,792 among the Plaintiff’s KRW 12% per annum from September 12, 2017 to February 14, 2018.
Reasons
1. The Plaintiff, on April 18, 2013, entered into a credit guarantee agreement with the Defendant with a credit guarantee principal of KRW 20 million and a credit guarantee agreement as of April 20, 2018 (hereinafter “instant credit guarantee agreement”) and issued a written credit guarantee agreement.
On April 22, 2013, the Defendant obtained a loan of KRW 20 million from the Nonghyup Bank as collateral.
On March 21, 2017, the Defendant delayed the repayment of principal to the Nonghyup Bank, and the Nonghyup Bank notified the Plaintiff of the credit guarantee accident on April 14, 2017.
Accordingly, on August 18, 2017, the Plaintiff repaid the total of KRW 11,353,792 to the Nonghyup Bank in subrogation of the Defendant.
Under the instant credit guarantee agreement, the damages that the Defendant paid to the Plaintiff from August 18, 2017 to September 11, 2017 are KRW 93,318, and the subrogated payment is KRW 135,058.
The agreed damages rate determined by the Plaintiff is 12% per annum.
2. The judgment of the Defendant is liable to pay to the Plaintiff 1,58 won in total, including the Plaintiff’s subrogated payment (i.e., KRW 11,353,792 loss of KRW 93,318 by subrogation, KRW 135,058 by subrogation), and damages for delay calculated at the rate of 12% per annum from September 12, 2017 to February 14, 2018, which is the day after the termination date of calculating the amount of damages claimed by the Plaintiff, as the principal amount of KRW 11,35,058 by subrogation, after the date of subrogation, to the day of delivery of the complaint of this case, from September 12, 2017 to February 14, 2018.
3. The plaintiff's claim for conclusion is justified and accepted.