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1. As to KRW 12,975,954 and KRW 12,778,780 among the Plaintiff, Defendant A’s year from September 22, 2014 to March 17, 2015.
Reasons
1. Basic facts
A. On August 12, 2009, the Plaintiff entered into a credit guarantee agreement with Defendant A (hereinafter “the instant credit guarantee agreement”) with a view to guaranteeing the repayment of the principal and interest of a loan that Defendant A received from a Han Bank Co., Ltd. (hereinafter “ Han Bank”), setting the guarantee principal of KRW 14,400,00, and the guarantee period from August 12, 2009 to August 13, 2010 (hereinafter “instant credit guarantee agreement”).
(2) On August 14, 2009, Defendant A submitted a letter of credit guarantee under the instant credit guarantee agreement and borrowed KRW 18,000,000 from Han Bank as an enterprise-general loan subject, but caused a credit guarantee accident by closing the business on September 11, 2014.
(3) Upon receiving a claim from one bank for the performance of the guaranteed obligation under the instant credit guarantee agreement, the Plaintiff subrogated for KRW 12,981,218 to one bank on September 22, 2014 (i.e., principal amount of KRW 12,960,000) and paid KRW 175,897 by subrogation.
(4) According to the instant credit guarantee agreement, in the event of the Plaintiff’s performance of the guaranteed obligation, Defendant A shall pay to the Plaintiff the performance amount of the guaranteed obligation that the Plaintiff paid to the Plaintiff for the performance of the guaranteed obligation, and damages for delay, advances, legal procedure costs, etc. under the Plaintiff’s interest rate (12% per annum after September 22, 2014) from the date of performance of the guaranteed obligation
(5) Meanwhile, as of September 22, 2014, the Plaintiff collected KRW 181,220 out of the subrogated amount from Defendant A on September 22, 2014 and appropriated it to the principal of the subrogated principal, the remainder of the principal and interest on subrogation against Defendant A as of September 22, 2014 (= principal amount of KRW 12,778,78,780,00 in - interest of KRW 12,960 in - interest of KRW 181,220 in - interest of KRW 181,220 in - interest of the subrogated amount of KRW 21,218 in 21,218). As of September 22, 2014, the amount of damages calculated according to the above agreed interest rate for delay from the subrogated amount of KRW 181,220 in 18 to the collection date is 59 won.