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1. The Defendant’s KRW 274,629,96 among the Plaintiff and KRW 253,398,69 among the Plaintiff, shall be from February 17, 2014 to January 31, 2016.
Reasons
1. Facts of recognition;
A. The Plaintiff is a corporation established in order to facilitate its own financing by guaranteeing the performance of obligations by small and medium enterprises which lack security capability pursuant to the Korea Technology Credit Guarantee Fund Act.
B. B Co., Ltd. (hereinafter referred to as the “Non-Party Company”) concluded each credit guarantee agreement with the Plaintiff as listed below, and received each of the following loans from the Industrial Bank of Korea in accordance with the said credit guarantee agreement in order to obtain loans from the banks for corporate management:
C Small and Medium enterprise financing loans of KRW 1270,00,000 (243,00,000) on the date of execution of the loan of the lending bank (243,00,000 won) which is a joint and several surety for the guarantee term of guaranteed loan section C; Defendant Industrial Bank of Korea of December 6, 2004 (29, Nov. 29, 2013); and Defendant Industrial Bank of Korea of KRW 2136,00,000,000 on December 32, 2003; and other funding loans of KRW 2136,00,000,000 on October 21, 2011 (amended to October 18, 2013); and Defendant Industrial Bank of Korea of Korea of Korea of KRW 60,000,000,000 on October 21, 2010.
C. On November 25, 2013, the Industrial Bank of Korea notified the Plaintiff of the occurrence of a credit guarantee accident due to delay in the principal and interest of a non-party company on November 19, 2013. Accordingly, upon the Industrial Bank of Korea’s request for the performance of guaranteed liability, the Plaintiff subrogated for the non-party company KRW 385,238,698 on February 17, 2014.
According to each credit guarantee agreement, the non-party company is obligated to comply with the terms and conditions of the loan in accordance with the credit transaction agreement with the lending bank. If the plaintiff performs the guarantee obligation, the non-party company is jointly and severally liable with the joint guarantor to pay the plaintiff the amount of subrogation based on the credit guarantee agreement and the amount of subrogation based on the interest rate applied by the plaintiff from the date of performance to the date of full payment. The ratio of damages for delay determined by the plaintiff is 12% per annum from January 31, 2016 after the performance of the guaranteed obligation, and until the next day.