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1. Defendant A’s KRW 16,471,00 and the Plaintiff’s 12% per annum from March 25, 2016 to July 13, 2016, and the following.
Reasons
1. Basic facts
A. Upon Defendant A’s request, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with the said Defendant to guarantee a loan obligation to be borne by the said Defendant from the Nonghyup Bank Co., Ltd. (hereinafter “CF”) (hereinafter “CF”).
According to the above, the above defendant shall pay to the plaintiff the amount of the obligation guaranteed by the plaintiff, ① the amount repaid by the plaintiff on behalf of the plaintiff and the amount of damages for delay calculated from the date of repayment to the date of full payment, ② additional guarantee fees from the date following the date of payment of guarantee fees to the date of termination of guarantee fees, ③ additional guarantee fees from the date following the date of payment of guarantee fees to the date of termination of guarantee fees, ③ legal procedure expenses incurred by the plaintiff in order to execute or preserve his/her right by paying guarantee fees. In the event of a credit guarantee accident, such as overdue repayment under the credit guarantee agreement of this case, the above defendant is obliged to pay the plaintiff
B. In accordance with the instant credit guarantee agreement, the Plaintiff issued a credit guarantee certificate with the guaranteed principal KRW 50 million as of February 2, 2012 and the guarantee term as of February 2, 2017. The said Defendant submitted it to the Nonghyup Bank and received a general loan of KRW 50 million (the Seoul Special Metropolitan City Small and Medium Enterprise Support Fund loan; hereinafter “instant loan”).
C. A credit guarantee accident occurred on November 3, 2015 due to the delay in repayment of principal of the above Defendant. On March 25, 2016, the Plaintiff paid KRW 16,869,607, instead of the said Defendant, to Nonghyup Bank, upon the request for performance of the guaranteed obligation based on the said credit guarantee certificate.
Since then, according to the credit guarantee agreement of this case, the Plaintiff recovered KRW 398,600, out of the principal amount of subrogated payment equivalent to the above amount as to the above defendant.
The Plaintiff was determined as applicable to the instant credit guarantee agreement.