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1. Defendant A’s KRW 15,137,748 and KRW 15,137,730 among the Plaintiff’s KRW 12% per annum from December 15, 2016 to March 9, 2017.
Reasons
1. Common factual relations;
A. On July 14, 2014, the Plaintiff entered into a credit guarantee agreement between Defendant A and Defendant A to guarantee the principal and interest obligation to be borne by Defendant A by receiving a loan from the Bank of Korea, a stock company, by up to 20 million won per principal.
Under the above credit guarantee agreement, Defendant A paid the principal paid by the Plaintiff to discharge the guaranteed obligation and the damages for delay at the rate determined by the Plaintiff from the date of subrogation to the date of repayment. Accordingly, the damages for delay determined by the Plaintiff is 12% per annum.
B. On July 14, 2014, Defendant A borrowed KRW 20 million at the Bank of Korea as collateral for the said credit guarantee, but lost the due date on May 17, 2016, and the Plaintiff subrogated for KRW 15,195,050 at the Bank on December 15, 2016.
On the other hand, the Plaintiff recovered KRW 57,320 from the above Defendant on the same day and became the remainder of KRW 15,137,730, and accordingly, 18 won of finalized damages ( KRW 57,320 x 12/100 x 1/365) occurred.
【Ground of Recognition between the Plaintiff and the Defendant: Article 150 (Voluntary Confession) of the Civil Procedure Act: The fact that there is no dispute between the Plaintiff and the Defendant B, the evidence No. 1-5, and the purport of the whole pleadings
2. According to the facts of recognition as to the claim against Defendant A, according to the above credit guarantee agreement, Defendant A is obligated to pay to the Plaintiff delay damages at each rate of 15,137,748 won (15,137,730 won) plus principal and fixed delay damages (15,137,730 won) under the above credit guarantee agreement, 12% per annum as stipulated in the above credit guarantee agreement from December 5, 2016 to March 9, 2017, and 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.
3. Determination as to the claim against the defendant B
A. Entry of No. 2 as to the establishment of fraudulent act Gap and the Minister of National Court Administration.