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1. As to KRW 13,890,344 and KRW 13,319,80 among the Plaintiff, Defendant A shall be from October 13, 2017 to February 9, 2018.
Reasons
1. Facts of recognition;
A. On December 28, 2015, the Plaintiff entered into a credit guarantee contract with Defendant A by setting the guarantee amount of KRW 9,025,00,00 and the term of guarantee up to December 23, 2020 (hereinafter “credit guarantee contract”); and ② on January 4, 2016, Defendant A borrowed KRW 9,00,000 from the K Savings Bank Co., Ltd. to obtain KRW 8,550,000 from the K Savings Bank, with the term of guarantee fixed by December 30, 2020.
(hereinafter referred to as “second credit guarantee”). (b)
According to the credit guarantee contract Nos. 1 and 2, in the event that the plaintiff performs the guaranteed obligation, the defendant A is required to pay to the plaintiff the amount of the guaranteed obligation, damages for delay calculated by the rate of damages determined by the plaintiff (12% per annum from September 30, 2013 to the date of repayment), expenses incurred in the performance of the guaranteed obligation, expenses incurred in the preservation, transfer and exercise of the right acquired by the performance of the guaranteed obligation, expenses incurred in the preservation, transfer and exercise of the unpaid guarantee fee, overdue guarantee fee, additional guarantee fee, insurance premium paid by the plaintiff, insurance premium paid by the plaintiff
C. Defendant A submitted a letter of credit guarantee and received a corresponding amount from the Korea Stock Bank. On March 29, 2017, a credit guarantee accident occurred due to delay in payment of principal and interest. On July 26, 2017, the Plaintiff repaid the amount of KRW 13,319,807 (=6,479,975 won by subrogation based on credit guarantee 6,839,832 won based on credit guarantee 1) to the Korea Asset Savings Bank on behalf of the Defendant A.
Therefore, the Plaintiff had a claim for damages for delay from October 13, 2017 to Defendant A (i.e., the total amount of 13,319,807 won by subrogation) and 13,319,807 won by subrogation as of October 12, 2017 (224,450 won by subrogation as of October 13, 2017).
Defendant B: (a) on April 12, 2016, KRW 10,000,000.