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1. The Defendant’s annual interest in KRW 209,561,048 and KRW 208,171,521 among the Plaintiff, from July 25, 2014 to August 31, 2015.
Reasons
1. Determination as to the cause of claim
A. Fact 1) Upon the Defendant’s application, the Plaintiff is a Korean Bank Co., Ltd. (hereinafter “Korea Bank”) on March 2, 2010.
(2) The Defendant guaranteed the Defendant’s principal and interest of loan to us by issuing a housing finance credit guarantee statement (guarantee No. B) with the guarantee amount of KRW 197,460,00, and the guarantee period of KRW 4 years after the loan of the guarantee period. 2) The Defendant agreed to pay the Plaintiff the amount of the Plaintiff’s repayment according to the ratio and calculation method as determined by the Plaintiff’s guarantee agreement in the event the Plaintiff’s performance of the guarantee obligation is made by losing the benefit due to delayed repayment of the loan granted based on the above housing finance credit guarantee agreement.
3) On or after March 2, 2010, the Defendant borrowed KRW 197,460,00 from the Bank of Korea on or after March 2, 2010, based on the said Housing Finance Credit Guarantee Agreement, the Defendant lost the benefit of time, and the Plaintiff repaid KRW 208,171,521 to the Bank on behalf of the Defendant on July 24, 2014.
5) In addition, the Plaintiff entered into a housing finance credit guarantee agreement with the Defendant to pay guarantee fees and delay damages therefor. The Plaintiff’s attempted guarantee fees, etc. accrued prior to the performance of the said guaranteed liability amounted to 549,100 won. 6) Under the said housing finance credit guarantee agreement, the rate of damages determined by the Plaintiff pursuant to the said housing finance credit guarantee agreement is 12% per annum from July 25, 2014 to August 31, 2015, the following day of the Plaintiff’s repayment date, and 8% per annum from September 1, 2015.
[Ground of recognition] Facts without dispute, entry of Gap evidence No. 1 to 6, purport of the whole pleadings
B. According to the facts of the above recognition, the defendant is the plaintiff's service of the original copy of the payment order of this case, which is 12% per annum from July 25, 2014 to August 31, 2015, with the agreement rate of 12% per annum from July 25, 2014 to August 31, 2015.