1. As to KRW 46,094,460 among the Plaintiff and KRW 45,685,331, Defendant A’s year from November 14, 2016 to February 10, 2017.

1. Basic facts

A. On July 24, 2015, the Plaintiff entered into a credit guarantee agreement and a joint and several sureties agreement (hereinafter “instant guarantee agreement”) with Defendant A as to the Defendant’s obligations for loans to the Industrial Bank of Korea as KRW 45 million; the term of guarantee is as of July 25, 2016; the term of guarantee is individual guarantee; the term of guarantee is as of July 25, 2016; the loan is as of small and medium enterprise financing; and the term of guarantee is 90% (hereinafter “instant guarantee agreement”).

(1) The credit guarantee certificate of this case (hereinafter referred to as the “credit guarantee certificate of this case”) shall be

(2) According to the instant guarantee agreement, upon the Plaintiff’s performance of the guaranteed obligation, the Defendant A paid the Plaintiff the amount of subrogation paid by the Plaintiff for the performance of the guaranteed obligation, the amount of delay damages determined by the Plaintiff from the date of full payment to the date of full payment, ② the legal procedure expenses incurred by the Plaintiff in exercising or preserving the right acquired through the performance of the guaranteed obligation, and all incidental obligations. The rate of delay damages determined by the Plaintiff is 10% per annum after November 14, 2016.

B. Defendant A, who implemented the Industrial Bank of Korea’s loan to Defendant A, submitted to the Industrial Bank of Korea a credit guarantee instrument issued under the instant guarantee agreement, and around that time, borrowed small and medium enterprise funds worth KRW 50 million from the Industrial Bank of Korea.

C. On July 26, 2016, Defendant A made a credit guarantee accident under the instant guarantee agreement in arrears with the principal repayment on July 26, 2016. (2) Accordingly, the Plaintiff subrogated to the Industrial Bank of Korea for KRW 45,685,31 (i.e., the principal interest at KRW 45 million) on November 14, 2016, in total, KRW 45,685,331 (i.e., the principal interest at KRW 685,31).

3. Meanwhile, Article 3(3) of the Guarantee Agreement provides that when Defendant A fails to discharge its principal obligation within the given period, the additional guarantee fee calculated by multiplying the terminated guaranteed obligation by the rate calculated by adding 0.5% per annum to the rate of guarantee determined by the Plaintiff.