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1. The Defendant’s annual period from October 22, 2014 to December 9, 2014, as to KRW 27,009,438 and KRW 23,731,683 among the Plaintiff.
Reasons
1. Basic facts
A. On June 29, 2006, the Plaintiff entered into a credit guarantee agreement with the Defendant on a credit guarantee agreement with the amount of KRW 11,00,000,00 with respect to the principal and interest of loan to be borne by the Defendant for the repayment of the loan from the Gyeongnam National Agricultural Cooperative (hereinafter “Seoul Agricultural Cooperative”) for the principal and interest of loan to be borne by the Defendant.
B under the above credit guarantee agreement, the defendant jointly and severally guaranteed the obligation owed by the defendant to the plaintiff.
Meanwhile, at the time of each credit guarantee agreement, the Plaintiff and the Defendant agreed to pay the Plaintiff the amount of subrogated payment, damages for delay in accordance with the interest rate determined by the Plaintiff, and all incidental obligations, such as penalty, guarantee fee, and fine for negligence, when the Plaintiff fulfills the credit guarantee obligation due to the occurrence of a credit guarantee accident.
B. On June 29, 2006, the Defendant borrowed each of the KRW 29,800,000 and KRW 11,000,000 from the NAF based on each credit guarantee certificate issued in accordance with the above credit guarantee agreement.
If the Defendant did not repay each of the above loans, the Plaintiff paid each of the principal and interest of each of the above loans to the GFFC on October 30, 2013 and the amount of KRW 4,026,00 on November 29, 2013.
C. As of October 21, 2014, the Plaintiff’s claim for indemnity against the Defendant for the amount of KRW 23,731,683 (=19,705,683 +4,026,00) as of October 21, 2014, the sum of KRW 33,00,00 for delay damages, KRW 2,737,872 for delay damages, failed guarantee fees, penalty, penalty, penalty, and fine for negligence 506,83,09,438 (=23,731,683 + + KRW 33,000 + + KRW 2,737,872 + KRW 506,83).
[Ground of recognition] The evidence Nos. 1 through 3, 9, and 10-1, 2, 11, and 12-1 to 3, 15-1, 3, 5, 27-4, 6-2-6, 95-16 of the evidence Nos. 95-2, 1, 2-1, 2-2 of the evidence Nos. 1, 12-1, 15-2, and 27-4, 6-2 of the evidence Nos. 95-2, and 1, 2-1, 2-2 of the whole pleadings, are recognized. Thus, it is recognized that the seal affixed to the evidence Nos. 1, 2-1, 2-1,