1. The Defendant shall pay to the Plaintiff KRW 38,431,974 as well as KRW 37,712,725 as to the Plaintiff’s KRW 37,712,725. From March 28, 2014 to January 31, 2016.

1. Facts of recognition;

A. On April 20, 2012, the Defendant entered into a credit guarantee agreement with the Plaintiff on the principal and interest of loans to be borne by the Defendant to C.

According to the above agreement, where the Plaintiff repaid the principal and interest of the Defendant on behalf of the Defendant, the Defendant paid to the Plaintiff the amount of subrogated payment and the damages for delay calculated at the rate determined by the Plaintiff (10% per annum from February 1, 2016 to the date of full payment) from the date of subrogated payment to the date of full payment.

B. Around that time, the Defendant obtained a loan from C by using the above agreement, and as a guarantee accident occurred around February 25, 2014, the Plaintiff subrogated for KRW 40,120,382 to C on March 28, 2014.

C. The Plaintiff received reimbursement of KRW 2,407,657 out of the subrogated payment from January 7, 2019 to appropriated it to the principal by subrogation, and the fixed damages for delay from the date of subrogation to the date of recovery is KRW 719,249.

[Evidence] Facts without dispute, Gap evidence Nos. 1 through 6, the purport of the whole pleadings

2. Determination

A. According to the above facts, barring any special circumstance, the Defendant is obligated to pay the remainder of 37,712,725 won by subrogation to the Plaintiff (i.e., KRW 40,120,382 - 2,407,657) and damages for delay of the said finalized damages (i.e., KRW 719,249, and damages for delay of the remainder by subrogation to the Plaintiff,

B. The defendant asserts that the plaintiff has no interest in filing the instant lawsuit against himself/herself since he/she had defaulted and discontinued his/her business in 2014, but in the case of monetary payment lawsuit, the interest in filing the lawsuit does not necessarily have the interest in filing the lawsuit of this case only because he/she discontinued his/her business. Thus, the defendant's argument is without merit.

3. In conclusion, the Defendant: (i) KRW 38,431,974 (=37,712,725 KRW 719,249) and KRW 37,712,725 among them, 12% per annum from March 28, 2014 to January 31, 2016, which is the date of subrogation, to the Plaintiff.