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1. As to KRW 48,274,239 and KRW 10,732,463 among them, the Defendant shall pay to the Plaintiff the year from February 22, 2014 to August 31, 2015.
Reasons
1. The parties' assertion
A. Since the Plaintiff guaranteed an intermediate payment loan for the Plaintiff and subrogated for the Defendant, the Defendant is obligated to pay the Plaintiff money as stated in the purport of the claim in accordance with the guarantee agreement.
B. The overdue guarantee fee and additional guarantee fee that the Plaintiff sought by the Defendant is not clear in its grounds, and the litigation cost of this case can be repaid through the process of determining the amount of litigation costs pursuant to the provisions of the Costs of Civil Procedure Act after the judgment becomes final and conclusive, and thus, it cannot be appropriated
2. Facts of recognition;
A. On January 25, 2010, the Plaintiff guaranteed 132,540,00 won of the guaranteed amount as to the part of the intermediate payment principal and interest of the Nonghyup Bank Co., Ltd. (hereinafter “ Nonghyup Bank”) on March 21, 2013. The Defendant paid the guaranteed amount on March 21, 2013. ① When the Plaintiff performed the guaranteed obligation, the Plaintiff shall pay the amount, and damages according to the rate and calculation method determined by the Plaintiff. ② The matters concerning the Plaintiff’s payment of guarantee fees, overdue guarantee fees, additional guarantee fees, and refund of the Plaintiff’s guarantee fees shall be calculated at the rate of 10% per annum from the date following the date on which the Plaintiff is liable to receive the guarantee fees, and the additional guarantee fees shall be calculated at the rate of 0.3% per annum from the date on which the guarantee fees are due until the due date until the due date of the repayment of the guaranteed obligation, ③ the amount of the guaranteed amount not terminated by the due date of the guaranteed obligation shall be calculated at the rate of 0.3%
(hereinafter “instant guarantee agreement”). B.
Based on the instant guarantee, the Defendant borrowed KRW 132,540,000 from the Nonghyup Bank on January 25, 2010.
C. After that, the Defendant lost the benefit of time, and the Plaintiff’s loss to the Nonghyup Bank on February 21, 2014, 141,273.