beta
Text
1) Defendant A shall pay to the Plaintiff KRW 51,744,594 and KRW 51,043,314 among them, from October 13, 2014 to December 13, 2014.
Reasons
1. Basic facts
A. The Plaintiff entered into a credit guarantee agreement (hereinafter “instant guarantee agreement”) with Defendant A on June 22, 2010, which is June 20, 2014, including the guaranteed amount of KRW 50,000,000, and the term of guarantee on June 20, 2014. The Defendant A, based on the said credit guarantee agreement on June 22, 2010, was granted a loan of KRW 50,000,000 as a maturity date from the Bank of Korea (hereinafter “Korea Bank”) on June 20, 2014.
B. However, as Defendant A delayed repayment of principal on June 21, 2014, Defendant A caused a credit guarantee accident on July 21, 2014. On October 13, 2014, the Plaintiff subrogated the bank for the principal amounting to KRW 50,000,000,000, interest amounting to KRW 1,043,314, totaling KRW 51,043,314.
C. According to Article 10 of the Credit Guarantee Agreement entered into between the Plaintiff and the Defendant A, when the Plaintiff subrogated for the guaranteed obligation, the amount of damages for delay according to the rate determined by the Plaintiff from the date of subrogation to the date of full payment. The rate is 12%.
According to Article 27(2) of the Regional Credit Guarantee Foundation Act and Article 4 of the Credit Guarantee Agreement, if a person who received a guarantee fails to perform the principal obligation within the guarantee period, the additional guarantee fee shall be paid according to the ratio and calculation method determined by the Plaintiff. This is based on the annual rate of 1.5% for the guaranteed amount during the period from the day following the date of payment of the final guarantee fee to the date of payment by subrogation. The additional guarantee fee for 114 days for 50,000,000 won from June 21, 2014 to October 12, 2014 is KRW 234,240.
In addition, the plaintiff paid KRW 467,040 as the legal procedure cost for preserving the claim for indemnity.
E. Therefore, Defendant A’s liability for reimbursement to the Plaintiff is KRW 51,744,594 (the payment by subrogation is KRW 51,043,314 (the additional guarantee fee of KRW 467,040) and damages for delay.
F. Meanwhile, Defendant A’s financial standing is difficult, and Defendant B on June 25, 2014.