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1. The defendant shall pay to the plaintiff the amount of KRW 324,184,43 and KRW 105,414,921 from February 10, 202 to the day of full payment.
Reasons
1. Determination on the Plaintiff’s assertion of the cause of claim
A. The facts of recognition (1) The C organization (D management agency) entered into a credit guarantee agreement with the Defendant, and issued a written credit guarantee agreement with 50,000,000 won for the guaranteed amount on June 23, 2001, and 15 years from the date of the loan. On June 26, 2001, the Defendant borrowed 50,000,000 won as collateral from E organization as well as 50,000 won for the guaranteed amount.
Since then, C organization entered into an additional credit guarantee agreement with the defendant, and issued a letter of credit guarantee for the guaranteed amount of KRW 50,000,000 on January 17, 2002, and the guarantee period of KRW 15 years from the date of loan. On January 18, 2002, the defendant additionally borrowed KRW 50,000,000 from E organization as security.
(2) However, the defendant, such as subrogation, failed to repay each of the above loans received from E organizations within the agreed time limit, and the plaintiff made a substitute payment of KRW 53,300,152 in accordance with the credit guarantee certificate issued on November 19, 2004 at the Jeonnam-do Branch of E organization on June 23, 2001, and KRW 53,953,576 in accordance with the credit guarantee certificate issued on January 17, 202.
C organization filed a lawsuit against the defendant for the payment of indemnity amount under the above subrogation. On January 25, 2010 in the Gwangju District Court Decision 2010Kadan2744, the decision of recommending reconciliation was delivered to the defendant and became final and conclusive on May 7, 2010 on the following grounds: "The defendant shall pay C organization 186,412,005 won and 106,036,468 won with interest of 15% per annum from December 2, 2009 to the date of full payment."
(3) On December 21, 2017, the C organization transferred a claim pursuant to the instant final settlement recommendation decision against the Defendant to the Plaintiff on December 21, 2017, and notified the Defendant of the assignment of the claim by mail proving the content of the said claim.
A decision to recommend settlement of this case, which was made by February 9, 2020, is made in accordance with the decision to recommend settlement.