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1. The Plaintiff:
A. As to KRW 143,119,037 and KRW 62,693,161 among Defendant A, Defendant A shall have from September 10, 2015 to October 22, 2015.
Reasons
1. Facts of recognition;
A. The Plaintiff and Defendant A entered into a credit guarantee agreement (hereinafter “instant credit guarantee agreement”) with the following terms in order to guarantee a loan granted by an agricultural cooperative from Defendant A, and Defendant B jointly and severally guaranteed a liability for indemnity under each credit guarantee set forth in the following table Nos. 2 and 3.
On September 30, 199, 10,000,000 September 2, 2001, December 6, 2001, 10, 600,000,000 on December 30, 201, December 30, 200, 45,000,000 on December 3, 201, 201; and
According to the instant credit guarantee contract, when the Plaintiff fulfilled the guaranteed obligation, the Defendants agreed to pay the amount of the guaranteed obligation and the amount of damages determined by the Plaintiff from the date of the performance thereof, and the amount of damages until December 16, 2012 are 15% per annum and 12% per annum from December 17, 2012.
C. On August 7, 2006, Defendant A paid each amount of KRW 6,615,688 (No. 1), 7,384,405 (No. 2), 48,693,068 (No. 3) by subrogation (hereinafter “the Plaintiff’s claim arising from the repayment of subrogation”) under the credit guarantee of this case to the Agricultural Cooperative.
The instant ex post facto indemnity claim amounting to KRW 62,693,151 as of September 9, 2015, and KRW 80,425,876 as of September 9, 2015, plus KRW 143,119,037.
【Recognition of Facts without a dispute, entry of Gap evidence 1 to 3 (including each number), the purport of the whole pleadings
2. According to the facts found in the determination as to the cause of the claim, barring any special circumstance, Defendant A, as the primary debtor of the credit guarantee of this case, shall be KRW 143,119,037 and KRW 62,693,161, which is the date following the date of final interest calculation, for the amount of KRW 12% per annum from September 10, 2015 to October 22, 2015, for which the original copy of the instant payment order was served on the Defendant.