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1. The Plaintiff:
A. Defendant A Co., Ltd. is from May 24, 2018 for KRW 980,509,593 and KRW 980,157,953 among them.
Reasons
1. Facts of recognition;
A. (1) The Plaintiff is the Defendant Company A (hereinafter “Defendant Company”) on November 30, 2017.
Between the two, the term “credit guarantee agreement” refers to a credit guarantee agreement under which the guaranteed principal is KRW 972,00,000, the estimated amount of the loan KRW 1,215,000,000, and the guarantee period is determined from November 30, 2017 to November 28, 2018 (hereinafter “instant credit guarantee agreement”).
(2) At the time of the instant credit guarantee agreement, C agreed to pay to the Plaintiff the amount of the performance of the guaranteed obligation, ② damages for delay in accordance with the interest rate determined by the Plaintiff from the date of the performance of the guaranteed obligation, ③ expenses incurred in preserving the right acquired through the performance of the guaranteed obligation.
B. 1) The Defendant Company obtained a loan of KRW 1,215,00,00 from the Industrial Bank of Korea on November 30, 2017 with a credit guarantee certificate received from the Plaintiff in accordance with the instant credit guarantee agreement. 2) After that, the Defendant Company lost the benefit of the period for the above loan obligations, and pursuant to the said credit guarantee agreement, the Plaintiff subrogated the Industrial Bank of Korea for KRW 990,020,347 on May 24, 2018 (i.e., the principal amount of KRW 972,00,000,000) and subrogated for the amount of KRW 9,862,394 on the same day (= KRW 980,157,953,000,000,000 for subrogation after recovering the amount of KRW 990,020,347,99,3962,394).
3) The interest rate for delay determined by the Plaintiff is 10% per annum from February 1, 2016 to the date, and damages for delay incurred on the date of subrogation is 2,702 won. 4) Meanwhile, the Plaintiff spent KRW 530,138 to compensate for the claim related to the credit guarantee certificate, but incurred the remainder of 181,200 won (=530,138 won - 181,200 won).
C. On March 15, 2018, C died (hereinafter “the deceased”), and Defendant B, the deceased’s wife, filed a report on the inheritance limited recognition (Seoul Family Court Decision 2018Radan51478), and the said court rendered a ruling accepting the report on August 28, 2018.
. The Deceased.