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1. The judgment of the first instance court is modified according to the amendment of the purport of the claim made by the plaintiff in the trial as follows.
. the defendant.
Reasons
1. Basic facts
A. (1) The Plaintiff is a stock company B (hereinafter “B”) on April 30, 2012.
(2) According to the above credit guarantee agreement, B entered into a credit guarantee agreement with the Industrial Bank of Korea and issued a credit guarantee agreement with the Industrial Bank of Korea on April 30, 2013 (the period thereafter extended to January 31, 2017). Under the above credit guarantee agreement, B was loaned KRW 1 billion from the Industrial Bank of Korea around that time. According to the credit guarantee agreement, if the Plaintiff performed the guaranteed obligation, B entered into a contract with the Plaintiff to pay back the amount of the guaranteed obligation and the amount calculated by the rate and calculation method as determined by the Plaintiff from the date of the performance of the obligation, ② the expenses incurred in the preservation, transfer, exercise of the right acquired through the performance of the guaranteed obligation, and the delayed compensation calculated by multiplying the amount of the guaranteed obligation by the rate as determined by the Plaintiff, ③ unpaid guarantee fees, overdue guarantee fees, additional guarantee fees, and performance guarantee fees.
3) At the time of the credit guarantee agreement, B’s representative director C provided joint and several sureties with respect to all obligations that the Plaintiff would incur to the Plaintiff. (B) The Plaintiff delayed repayment of the principal and interest of the loan to the Industrial Bank of Korea; and (3) on February 17, 2017, the Plaintiff paid KRW 907,446,058 to the Industrial Bank of Korea under the credit guarantee agreement.
2) The rate of contractual damages determined by the Plaintiff as to the amount of performance of the guaranteed obligation is 16% per annum from April 17, 2003 to November 30, 2012 (Provided, That the rate is 14% per annum from April 17, 2003 to March 17, 2003; 16% per annum from December 1, 2012 to January 31, 2016; 12% per annum from February 1, 2016 to 10% per annum from February 1, 2016; 3) the balance of the legal procedure expenses spent by the Plaintiff to secure the claim for indemnity against B is 15,127,976 won.
4 According to the above credit guarantee agreement, if B fails to discharge its principal obligation within the deadline, the rate of guarantee fee determined by the Plaintiff for the terminated guaranteed obligation shall be 0.5% per annum.