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1. As to KRW 138,231,403 and KRW 69,083,562 among the Plaintiff, the Defendant shall start from March 14, 2016 to the 28th of the same month.
Reasons
1. The following facts of recognition may be acknowledged by integrating the purpose of the entire pleadings in each entry in Gap evidence Nos. 1 to 4.
On August 25, 2005, the Plaintiff issued to the NFFNN NFF's Central Headquarters of NFFF a letter of credit guarantee that constitutes 20 years from the date of the mid- and long-term repayment of the loan, the guarantee period of the loan, 70,000,000.
B. Under the above credit guarantee agreement, if the Plaintiff met the guaranteed obligation, the Defendant agreed to pay to the Plaintiff the amount of subrogation and the damages for delay in accordance with the Plaintiff’s rate of damages for delay from the date of full payment.
C. A credit guarantee accident occurred after the Defendant obtained a loan from NFFF as a security, and the Plaintiff made a substitute payment to NFFF on November 28, 2008.
As of March 13, 2016, the balance of the principal and interest of the subrogation as of March 13, 2016 is the total of KRW 138,231,403 (the principal and interest of the subrogation payment in total) and the rate of delay damages is 12% per annum.
2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by applying the rate of 12% per annum from March 14, 2016 to March 28, 2016, the service date of a copy of the complaint in this case from March 14, 2016 to the delivery date of a copy of the complaint in this case, and the rate of 15% per annum from the next day to the date of full payment.
3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.