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1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.
Reasons
1. Basic facts
A. The Korea Technology Credit Guarantee Fund (hereinafter referred to as the “Guarantee Fund”) concluded a credit guarantee agreement with E Co., Ltd. (hereinafter referred to as “E”) as listed below (hereinafter referred to as “each of the instant credit guarantee agreements”), and concluded a guarantee agreement on March 15, 201 with the Bank of Korea (hereinafter referred to as the “Industrial Bank of Korea”) on March 16, 201, the guarantee principal (amount of loan) guaranteed to the Bank of Korea on a first-served basis (the changed due date) and KRW 36,00,000 (40,000,000,000) at the Industrial Bank of Korea on March 16, 201 (the Industrial Bank of Korea on March 15, 2013); and KRW 14,00,000,000 (160,000,0000,000,000,000 won on March 15, 2013).
B. Upon entering into each of the above credit guarantee agreements with the Guarantee Fund, E has agreed to pay the amount of the performance of the guaranteed obligation, damages for delay calculated at the rate determined by the Guarantee Fund from the date of performance of the guaranteed obligation to the date of repayment, expenses incurred in the performance of the guaranteed obligation, and expenses incurred in the preservation, transfer, and exercise of the right acquired from the performance of the guaranteed obligation. B and C jointly guaranteed all the obligations owed to the Guarantee Fund in accordance with each of the credit guarantee agreements
Meanwhile, the rate of delay damages determined by the Guarantee Fund is 14% per annum until November 30, 2012 and 12% per annum from December 1, 2012.
C. On August 23, 2012, the Guarantee Fund, which began company reorganization procedures on August 23, 2012, on behalf of E, subrogated to the Bank for the total of KRW 267,313,939 in accordance with each credit guarantee agreement of this case (i.e., the first credit guarantee agreement of KRW 36,259,981, KRW 145,080,572, KRW 85,973,386).
After that, the Guarantee Fund collected the amount of KRW 1,167,290 on September 26, 2012 and KRW 800 on September 27, 2012, out of the amount of subrogated payment under the credit guarantee agreement under the first credit guarantee agreement, respectively. As to the amount recovered above, the amount of damages for final delay was 447 won.