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1. As to KRW 781,907,208 and KRW 780,642,129 among the Plaintiff, the Defendant shall start from October 31, 2014 to January 31, 2016.
Reasons
1. Facts of recognition;
A. On June 19, 2009, the Plaintiff issued a guarantee guarantee agreement between the Defendant and the Defendant for the repayment of KRW 400,000,000 for a general loan for business operation (hereinafter “the primary loan”); and on November 16, 2012, the Plaintiff issued a guarantee agreement for the payment of the principal and interest of the loan; and on November 16, 2012, the Defendant received a loan of KRW 440,000 for a general loan for business operation from a bank (hereinafter “second loan”); and the Defendant issued a guarantee bond of KRW 374,00,000 for each loan from a bank after submitting each of the above guarantee certificates.
B. On September 30, 2014, the Defendant lost the benefit of the period for each of the above loans, and upon our bank’s request, the Plaintiff paid KRW 404,847,122 to our bank on October 31, 2014, and collected KRW 2,872,410, and the amount of subrogated payment was KRW 401,974,712, and repaid KRW 378,667,417, and the amount of the principal and interest of the second loan was repaid KRW 378,667,417, while the amount was recovered from the first loan. In order to preserve the claim for reimbursement of each of the above loans, the Plaintiff paid KRW 1,264,135 to the bank.
C. At the time of each of the above guarantee agreements, the Plaintiff and the Defendant agreed to pay damages for delay according to the Plaintiff’s rate of damages for delay, and the rate of damages for delay as at the time of the above payment by subrogation is 12% per annum, and 10% per annum from February 1, 2016 to
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 10, purport of the whole pleadings
2. According to the facts of the above determination, the Defendant’s total amount of 781,907,208 won for each subrogated and finalized amount, and the total amount of 780,642,129 won for each subrogated amount, as sought by the Plaintiff, shall be 12% per annum from October 31, 2014 to January 31, 2016, which is the date of subrogation, and from the following day to the date of service of a duplicate of the complaint in this case.