beta
Text
1. As to KRW 207,856,219 and KRW 207,085,925 among the Plaintiff, Defendant A shall be from September 20, 2017 to September 6, 2018.
Reasons
1. Basic facts
A. On August 30, 2012, the Plaintiff entered into a credit guarantee agreement between Defendant A and Defendant A with respect to the obligation to obtain a loan from Defendant C Bank, with a credit guarantee principal of the credit guarantee principal of the credit guarantee amount of KRW 270,00,000, and the credit guarantee period from August 30, 2012 to August 29, 2013. After the extension of the said guarantee period, the said period was extended and the period was changed on August 25, 2017.
(hereinafter “instant credit guarantee agreement”). (b)
(1) Under the credit guarantee agreement of this case, Defendant A lent KRW 300,00,00 from C Bank using the guarantee certificate issued by the Plaintiff pursuant to the credit guarantee agreement of this case. However, on August 30, 2017, Defendant A caused a credit guarantee accident and caused the occurrence of the credit guarantee accident, and thus, Defendant A’s interest on the said loan was lost. (2) On September 20, 2017, the Plaintiff subrogated to C Bank for the principal and interest of Defendant A amount of KRW 240,198,546 (i.e., principal amount of KRW 239,40,000 (= interest of KRW 239,40,546), and thereafter, Defendant A recovered KRW 33,112,621 from Defendant A and collected KRW 207,085,925,925 (= KRW 240,198,546, KRW 312,621).
3) Defendant A agreed to pay a penalty for the unpaid amount out of the guaranteed obligation when the Plaintiff’s obligation to discharge the guaranteed obligation was not discharged due to the failure to perform the obligation within the term of guarantee (Article 35-38 of the Credit Guarantee Regulations). Accordingly, the penalty to be borne by Defendant A is KRW 442,720, and the Plaintiff spent KRW 225,90 as legal procedural costs for the measures to preserve claims, etc., and the Plaintiff incurred a final amount of KRW 101,674 as to KRW 33,112,621 recovered by the Plaintiff. 4) The interest rate applicable to the Plaintiff’s delay damages on the subrogated amount is 18% per annum from January 1, 199 to May 31, 2005, 15% per annum from the next day until November 30, 2012; and 12% per annum from the next day to the next day until January 31, 2016.
C. Defendant A’s property disposal on December 28, 2017 is with Defendant B.