1. The Defendant’s KRW 48,827,97 and KRW 10,867,681 among the Plaintiff’s KRW 12% per annum from May 17, 2014 to August 31, 2015.

1. Recognizing the same facts as the entry of the grounds for the claim and the amended list of the grounds for the claim

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. According to the facts of determination as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of 48,827,97 won, such as the balance of subrogated payment, and the amount of 10,867,681 won, 12% per annum, which is the agreed delay interest rate, from May 17, 2014 to August 31, 2015, and 8% per annum, which is the agreed delay interest rate, from the next day to March 21, 2019, the delivery date of the original copy of the payment order in this case, and from the next day to May 31, 2019, the annual interest rate of 3(1) of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019) and the main sentence of Article 3(1)5(2) of the former Act on Special Cases Concerning Expedition, etc.

3. Judgment on the defendant's assertion

A. At the time of the instant credit guarantee agreement, the Plaintiff did not clearly explain to the Defendant that “the Plaintiff would give a guarantee to an intermediate payment financial institution upon the Defendant’s request.” Therefore, the instant credit guarantee agreement is null and void in violation of Article 3 of the Regulation of Standardized Contracts Act.

B. According to Article 24-4 of the Enforcement Decree of the Banking Act, the Plaintiff failed to comply with the provision of information or data on the credit guarantee terms and conditions and contract documents to the Defendant and explained the contents thereof. Therefore, the instant credit guarantee agreement is governed by Article 24 of the Enforcement Decree of the Banking Act.