beta
Text
1. The Plaintiff:
A. Defendant A: (a) for KRW 344,660,970 and KRW 341,58,640 among them, and for KRW 341,58,640 on September 29, 1998.
Reasons
1. Basic facts
A. On April 18, 1996, the Korea Technology Credit Guarantee Fund entered into a credit guarantee agreement between Defendant A and the Korea Technology Credit Guarantee Fund to guarantee the obligation to pay loans to Defendant A to the Industrial Bank of Korea (hereinafter “the instant credit guarantee agreement”) by setting the term of March 20, 2004 (hereinafter “the instant credit guarantee agreement”), and issued the same credit guarantee agreement to Defendant A, and Defendant A received a loan from the said bank for foreign currency exchange facilities equivalent to the said amount pursuant to the said credit guarantee agreement on June 10, 1996.
B. According to the instant credit guarantee agreement, when the Korea Technology Credit Guarantee Fund performs its guaranteed obligation, Defendant A will pay to the Korea Technology Credit Guarantee Fund the amount of damage calculated by the ratio set by the Korea Technology Credit Guarantee Fund, the additional guarantee fee under the ratio of 1.5% per annum from the date following the date of payment of the guarantee fee for the amount not terminated, the additional guarantee fee under the ratio of 1.5% per annum from the date following the date of payment of the guarantee fee to the date of
C. Meanwhile, at the time of the instant credit guarantee agreement, the network D jointly and severally guaranteed all the obligations to be borne by Defendant A to the Korea Technology Finance Corporation.
After that, Defendant A lost the interest due to the delay of principal on January 21, 1998 and did not pay the above loan, the Korea Technology Credit Guarantee Fund subrogated the said bank to pay the principal and interest of the loan amount of KRW 341,58,640 (principal principal KRW 315,278,876, KRW 26,309, KRW 764) on September 29, 1998 upon the request for the performance of the guaranteed obligation.
Meanwhile, the additional guarantee fee under the credit guarantee agreement of this case is KRW 2,186,040, and the amount paid by the Korea Technology Credit Guarantee Fund as the preservation cost of the above indemnity claim is KRW 886,290.
(e)The rate of damages for delay determined by the Korea Technology Credit Guarantee Fund shall be 25% per annum from February 16, 1998 to October 31, 1998 and from November 1, 1998.