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1. As to KRW 152,349,027 and KRW 152,348,96 among the Plaintiff, the Defendant shall annually year from September 17, 2018 to October 2, 2018.
Reasons
1. Facts of recognition;
A. On July 24, 2015, the Plaintiff entered into a credit guarantee agreement and a loan1) between B and B, with the credit guarantee principal of KRW 285 million and the credit guarantee period from July 24, 2015 to July 23, 2020 (hereinafter “instant credit guarantee agreement”).
(2) At the time of the conclusion of the aforementioned credit guarantee agreement, the Defendant, C, and D jointly and severally guaranteed the liability for indemnity to the Plaintiff pursuant to the above credit guarantee agreement. (2) B obtained a loan of KRW 300 million from the E Bank as collateral for a corporate general loan (hereinafter “instant loan”) on or around August 28, 2015.
3) According to the credit guarantee agreement of this case, upon the Plaintiff’s performance of the guaranteed obligation, B, the Defendant, C, and D shall pay the Plaintiff, ① the amount paid by the Plaintiff for the performance of the guaranteed obligation, and the damages for delay by the rate determined by the Plaintiff, ② the expenses required for the performance of the guaranteed obligation, ③ the expenses required for the preservation, transfer, and exercise of the right acquired through the performance of the guaranteed obligation, ③ the insurance premium paid by the Plaintiff on behalf of the Plaintiff, and the expenses required for the execution, preservation, exercise, and legal procedure of the claim under this agreement. (B) The Plaintiff was notified by E Bank of the credit guarantee accident of the instant loan obligation of this case, and (3) the Plaintiff was subrogated to the E Bank on September 17, 2018 in accordance with the credit guarantee agreement of this case, and appropriated the principal and interest of the instant loan obligation of this case plus interest KRW 151,595,760 + interest KRW 976,858).
2) The rate of damages for delay determined by the Plaintiff is 10% per annum from February 1, 2016 to the date, and the amount of damages paid for KRW 223,652, which was partially appropriated for payment, is 61 won. [The fact that there is no dispute over grounds for recognition, each entry in Gap evidence 1 through 5, and the purport of the whole pleadings.
2. Prior to the determination of the cause of the claim, the facts of recognition are special.