beta
Text
1. The Defendant’s annual interest in KRW 20,529,870 and KRW 20,507,910 among the Plaintiff, from April 10, 2010 to November 30, 2012.
Reasons
1. Facts of recognition;
A. On February 22, 2008, the Plaintiff entered into a credit guarantee agreement with the Defendant on the loan from the National Housing Fund that the Defendant received from the Korea Bank Co., Ltd. (hereinafter “Korea Bank”), with the guarantee principal of KRW 19,800,000, and the guarantee period of the National Housing Fund up to February 22, 2010 (hereinafter “instant credit guarantee agreement”).
According to the credit guarantee agreement of this case, the defendant shall pay the plaintiff a fee, guarantee fee in arrears, additional guarantee fee according to the rate and calculation method prescribed by the relevant Acts and subordinate statutes, and Article 4 of the Credit Guarantee Agreement (Article 4 of the Credit Guarantee Agreement), and the defendant shall pay the plaintiff the amount of subrogation and the damages for delay in proportion to the rate prescribed by the relevant Acts and subordinate statutes
(Article 10 of the Credit Guarantee Agreement).
On February 22, 2008, the Defendant submitted a housing finance credit guarantee certificate issued by the Plaintiff pursuant to the instant credit guarantee agreement and received a loan of KRW 22,00,000 from the Bank.
C. On April 9, 2010, the Plaintiff, who received a claim from the Bank for the performance of the guaranteed obligation on the ground of the Defendant’s loss of benefit from the above loans, subrogated to the Bank for KRW 20,507,910 (= principal principal KRW 19,80,000, KRW 707,910).
Meanwhile, the guarantee fee in arrears incurred before the payment by subrogation is KRW 21,960.
The rate of delay damages under the credit guarantee agreement of this case is 15% per annum from April 10, 2010 to November 30, 2012, the day following the date of subrogation, and 12% per annum from December 1, 2012 to December 1, 2012.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to Gap evidence 6, purport of whole pleadings
2. According to the facts of the above determination, the defendant shall pay to the plaintiff the amount of 20,507,910 won in subrogation and the amount of 21,960 won in arrears under the credit guarantee agreement in this case, and the amount of 20,529,870 won in subrogation and the amount of 20,507,910 won in subrogation.