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1. The defendant shall pay to the plaintiff KRW 95,316,989, as well as KRW 86,802,590 from October 24, 200 to April 16, 2003.
Reasons
1. On August 24, 1999, under a credit guarantee agreement with the Plaintiff and the guaranteed principal as of August 24, 2000, and the Defendant jointly and severally guaranteed the Plaintiff’s liability for indemnity against the Plaintiff by the Hansan Agricultural Cooperative under the said credit guarantee agreement.
Since then, there has been a credit guarantee accident in which Hansan Agricultural Cooperative delayed the payment of the above principal and interest of loan, and the plaintiff subrogated for 88,894,246 won in total to Nonghyup on October 24, 2000.
On March 30, 2005, the Plaintiff filed a lawsuit against the Defendant and the Hysan Agricultural Partnership (this Court Decision 2004Da24736) to demand indemnity, and sentenced on March 30, 2005, “The Defendant shall jointly and severally with the Dasan Agricultural Partnership and pay the amount of KRW 89,624,686 and KRW 8,894,246 as to KRW 18% per annum from October 24, 2000 to April 16, 2003, KRW 16% per annum from April 17, 2003 to December 31, 2004, and KRW 20% per annum from the next day to December 31, 204.” The above judgment became final and conclusive on April 27, 2005.
On the other hand, as of March 27, 2015, the amount of the Plaintiff’s claim for reimbursement against the Defendant as of March 27, 2015 is KRW 95,316,989 in total (i.e., the final amount of KRW 86,80,59 in total (i.e., the amount of subrogated payment of KRW 5,224,785 in legal procedure costs of KRW 3,105,514 in addition to the fees of KRW 1
[Grounds for recognition] The descriptions of Gap evidence Nos. 3 through 7, the purport of the whole pleadings
2. According to the facts of the determination as to the cause of the claim, the defendant is obliged to pay to the plaintiff the amount of 95,316,989 won for indemnity and the amount of 86,802,590 won for subrogation from October 24, 2000 to April 16, 2003, an annual interest rate of 18% for delayed contract interest rate, from April 17, 2003 to January 26, 2005, and an annual interest rate of 16% for delayed contract interest rate, from April 17, 2003 to January 26, 2005.