Text
1. The Defendant’s annual interest in KRW 211,161,846 and KRW 52,807,313 among the Plaintiff, from July 9, 2018 to August 3, 2018.
Reasons
1. Determination on the cause of the claim
A. Facts of recognition 1) F Organizations (hereinafter “F”);
On October 20, 1995, G lent KRW 50,000 to G. (2) on September 19, 1995, G entered into a credit guarantee agreement with the H Fund (hereinafter “Fund”) to obtain the above loan, and the Defendant jointly and severally guaranteed the obligation to be borne by G to the Fund.
G agreed to repay to the Fund the amount of performance, damages after the date of performance (the interest rate was adjusted to 15% per annum from June 14, 2004, and 12% per annum from December 17, 2012) and the expenses required for payment when the Fund makes a substitute payment for the money borrowed from F.
3) On June 26, 1999, the Fund subrogated to F for KRW 57,751,145 of G’s principal and interest of loan. (4) The Fund transferred to the Plaintiff claims against the Defendant on December 21, 2017, and notified the Defendant of the assignment of claims by content-certified mail on the same day.
5) The amount of debt owed by the Defendant against the Plaintiff is KRW 52,807,313 as of July 8, 2018, and interest is KRW 158,354,533. [Grounds for recognition A, 4, 5, 7, 8, 9, and the purport of the entire pleadings.]
B. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the principal amounting to KRW 211,161,846 (=interest of KRW 52,807,313 KRW 158,354,533) and the principal amounting to KRW 52,807,313 from July 9, 2018 until August 3, 2018 when the duplicate of the instant complaint was served, 12% per annum pursuant to the agreement, and delay damages calculated at the rate of KRW 15% per annum pursuant to the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day until the day of full payment.
2. Judgment on the defendant's assertion
A. Since the Fund’s summary of the Defendant’s assertion made a subrogation on June 26, 199, it did not bring an action against the Defendant until then, the extinctive prescription has expired.
B. 1) The Fund applied for a payment order against G on September 29, 2008 (the Changwon District Court Branch Decision 2008 tea3017, and the above case is upon application for the institution of the Fund.