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1. As to KRW 76,518,123 and KRW 36,165,367 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from November 18, 2014 to March 23, 2015.
Reasons
1. Basic facts
A. The Plaintiff is an institution managing the Government-funded Credit Guarantee Fund for Farmers and Fishermen to facilitate the funding for agriculture and fisheries by guaranteeing the credit of farmers and fishermen who lack security capability under the Act on the Credit Guarantee for Farmers and Fishermen, Etc.
B. On September 29, 2001 and March 30, 2002, the Plaintiff entered into a credit guarantee agreement with the Defendant and issued each credit guarantee certificate to the Defendant.
At the time the Plaintiff performed the guaranteed obligation, the Defendant agreed to pay damages according to the ratio set by the Plaintiff on the amount of performance and the date of performance.
C. As above, the Defendant submitted each credit guarantee letter issued by the Plaintiff, and received each loan of KRW 10,000,000 from the Jindo Livestock Cooperative on September 29, 2001, and KRW 23,000,000 on March 30, 202.
(hereinafter referred to as “instant loans”) D.
As the Defendant failed to pay the principal and interest of this case, on February 2, 2007, the Plaintiff subrogated for KRW 36,165,367 in total to the Jinnamdo Livestock Cooperatives.
E. The amount of the Plaintiff’s claim for reimbursement based on the said subrogation is KRW 76,518,123 as of November 17, 2014 (i.e., KRW 36,165,367; KRW 40,214,895; KRW 33,302; KRW 61,849; KRW 42,710; KRW 61,710,000; KRW 36,165; and
(hereinafter “instant amount of indemnity”). [The ground for recognition: the fact that there is no dispute, entry of Gap 1-9 evidence, the purport of the whole pleadings]
2. Determination:
A. According to the above facts of determination as to the cause of claim, the defendant calculated the amount of KRW 76,518,123 and the amount of subrogated payment of KRW 36,165,367 from November 18, 2014, which is the day following the above base date, to March 23, 2015, with 12% per annum under the agreement, and 20% per annum from the following day to September 30, 2015 under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and 15% per annum from the following day to the day of full payment.