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1. The Defendant’s annual period from December 21, 2015 to July 13, 2016, as to KRW 29,970,136 and KRW 28,741,124 among the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff and the Defendant guaranteed the Defendant’s obligation to repay each loan to the Defendant’s Thai Agricultural Cooperative (hereinafter “TFF”) with each of the following content. However, when the Plaintiff fulfilled the credit guarantee obligation, the Plaintiff entered into a credit guarantee agreement with the Defendant to pay the Defendant the amount of subrogation and the interest rate determined by the Plaintiff, delay damages, guarantee fees, administrative fines, penalty, etc. in accordance with the calculation method (hereinafter “the instant credit guarantee agreement”).
(1) A credit guarantee agreement dated November 16, 2009: The guaranteed amount of KRW 23,800,000,000, and the period of guarantee agreement from November 16, 2009 to November 16, 2011 (2) the period of guarantee agreement from November 16, 2009 to November 16, 2011: the guaranteed amount of KRW 24,225,00,000, and the period of guarantee agreement from December 29, 201 to December 29, 2021.
B. Under the credit guarantee contract of this case, the defendant above A.T.T.
The Plaintiff borrowed each amount guaranteed under the credit guarantee agreement, but failed to repay it, and the Plaintiff subrogated for 28,741,124 won in total on September 25, 2015. As of December 20, 2015, the total amount of principal and interest on each subrogation as of December 20, 2015 is KRW 29,970,136, and the balance of principal and interest on the credit guarantee agreement as of November 16, 2009 is KRW 28,741,124 (=the principal and interest on the credit guarantee agreement as of November 16, 2009). The interest rate for delay determined by the Plaintiff under the credit guarantee agreement as of December 23, 50,764 won is KRW 12% per annum.
(Grounds for recognition: Facts without dispute, entry of Gap evidence 1 and 2, and the purport of the whole pleadings
2. According to the facts of the above recognition, the Defendant, as to the Plaintiff’s total amount of subrogated payment under the credit guarantee contract of this case, KRW 29,970,136, and KRW 28,741,124, which is the principal balance, shall be subject to special cases concerning the promotion of litigation, etc. from December 21, 2015, which is the date following the final calculation date of interest, to July 13, 2016, the agreement rate of which is 12% per annum until July 13, 2016, and the date following the day of full payment.