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1. The Defendant’s annual interest in KRW 188,941,010 and KRW 188,457,730 among the Plaintiff, from July 4, 2013 to December 5, 2014.
Reasons
1. Determination as to the cause of claim
A. The Defendant, on March 22, 2010, is a national bank (hereinafter “national bank”) that is a business entrusted institution of the Plaintiff on March 22, 2010.
A) A credit guarantee application was filed with the Plaintiff. Accordingly, in order to secure the Defendant’s and the Defendant’s national bank’s obligation for a lease loan as an institution entrusted with the Plaintiff’s business, a national bank shall enter into a credit guarantee agreement (hereinafter “the credit guarantee agreement of this case”) with the guarantor, principal guaranteed, KRW 180,00,000, and the guarantee period until March 26, 2020.
The Plaintiff concluded a contract. On March 26, 2010, the Plaintiff issued an electronic guarantee under the instant credit guarantee agreement to the National Bank. (2) According to the instant credit guarantee agreement, when the Plaintiff fulfilled a guaranteed obligation, the Defendant paid to the Plaintiff the amount of the guaranteed obligation, damages for delay in accordance with the ratio as determined by the Plaintiff, and expenses incurred in the performance of the guaranteed obligation.
The agreed rate of delay damages for subrogation is 12% per annum.
3) On March 26, 2010, the National Bank extended a loan of KRW 200 million to the Defendant by setting the lending period of the instant credit guarantee agreement as security for ten years. 4) The National Bank requested the Plaintiff to discharge the guaranteed obligation as the Defendant lost the benefit of the lending period. The Plaintiff repaid KRW 18,457,730 on July 3, 2013.
The overdue guarantee fee that occurred before the plaintiff met the guaranteed obligation is 483,280 won.
[Ground of recognition] Gap evidence Nos. 1 through 7, Gap evidence Nos. 8-1, 2, and 9 through 12, and the purport of the whole pleadings [the defendant's signature part of Gap evidence Nos. 1 and 3 is not the defendant's writing. However, in full view of the whole purport of the pleadings in each of Gap evidence Nos. 7, 8-1, 2, and 12, the defendant visited a national bank on March 22, 2010 and presented a copy of identification card, and confirmed himself, and then the credit guarantee agreement necessary for loan execution (Evidence No. 1).