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1. As to the Plaintiff, Defendant A’s KRW 94,218,836 and KRW 90,651,821 among them, the year from June 8, 2017 to August 29, 2017.
Reasons
1. Basic facts
A. On April 22, 2016, the Plaintiff entered into a credit guarantee agreement and a loan agreement (hereinafter “instant credit guarantee agreement”) with Defendant A (E) and the credit guarantee amount of KRW 90,00,000, and the credit guarantee period from April 22, 2016 to April 21, 2017.
Defendant A entered into a credit guarantee agreement of this case, and Defendant A provided as security a credit guarantee certificate issued under the credit guarantee agreement of this case and F (hereinafter “F”).
(2) The content of the credit guarantee agreement of this case was determined on April 21, 2017 and loaned KRW 100,000,000 as the ordinary working capital due date. (2) In the event that the Plaintiff fulfills the guaranteed obligation, the Defendant A pays to the Plaintiff the amount of performance of the guaranteed obligation, damages calculated by multiplying the Plaintiff by the rate determined by the Plaintiff from the date of performance of the guaranteed obligation to the date of repayment of the guaranteed obligation, damages for delay, expenses incurred in the performance of the guaranteed obligation, compensation for delay, expenses incurred in preserving
B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation 1) Defendant A caused a credit guarantee accident by failing to pay the interest on the loan to F on February 27, 2017. The F notified the Plaintiff of the occurrence of the said credit guarantee accident on March 14, 2017. (2) The Plaintiff subrogated to F in total KRW 90,651,821 in accordance with the instant credit guarantee agreement on June 8, 2017 (i.e., the credit guarantee principal amount of KRW 90,651,821 (i.e., KRW 90,000,000) from March 14, 2017 to June 7, 2017).
3) Under the credit guarantee agreement of this case with respect to the above subrogation, penalty is KRW 231,780. The Plaintiff paid KRW 3,353,340 to Defendant A for the purpose of preserving the claim for indemnity amount, and the Plaintiff recovered KRW 18,105, and collected KRW 3,335,235,235 (=3,353,340 - 18,105). The rate of delay damages determined by the Plaintiff remains 10% per annum.
(C) The Plaintiff’s claim for indemnity against A due to the said subrogation (hereinafter “claim for indemnity of this case”).
The defendant A.