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1. The Defendant’s KRW 78,407,091 and KRW 33,808,376 among the Plaintiff’s KRW 12% per annum from April 29, 2017 to September 6, 2017.
Reasons
1. Basic facts
A. The Plaintiff entered into a credit guarantee agreement with the Defendant, and guaranteed repayment of principal and interest to the Defendant’s financial institution as follows.
In Article 11 of the Credit Guarantee Agreement, the Defendant agreed to pay to the Plaintiff the amount of subrogated payment, and the amount of damages, guarantee fee, penalty, fine for negligence, and other legal procedural costs, based on the interest rate (current 12% per annum) determined by the management institution.
Defendant 10,00,000 won for the guarantee period of the guaranteed amount of the guaranteed amount of the principal of the lending financial institution on May 31, 2001, May 31, 2006, Defendant 20,000,000 won for the guarantee period of the guaranteed amount of the principal of the lending financial institution on December 22, 2001, 30,000 won for the aggregate of December 22, 2006
B. Since then, the Defendant did not pay the principal and interest of the loan, and the Plaintiff subrogated to the lending financial institution in accordance with the credit guarantee certificate as follows.
In 20,00,000 952,601 287,100 11,239,701 on April 30, 2007, the date of payment for interest on the principal of the loan extended by the lending financial institution for the loan by the lending financial institution 22,568,675 on November 14, 2007, 30,000,000 2,262,305,306,370 22,568,568,675 on April 14, 2007, the sum of 30,000,0003,214,214,906 503,470 33,808,376
C. The Plaintiff’s claim for reimbursement is KRW 78,407,091 as of April 28, 2017, as follows.
The purport of the whole pleadings and arguments as follows: 11,239,701 15,392,538 545,616 26,67,963 YIF 22,568,675,675,670,926 109,315 103 51,729,729, 128 in total 33,808,376 4,463,464 163, 1634, 931578,407,091 / [based] Gap 1 through 5 (including the serial number)
2. Determination
A. According to the above facts, the Defendant calculated damages for delay calculated at the rate of 12% per annum from April 29, 2017 to September 6, 2017, which is the agreed interest rate for delay, and 15% per annum from September 7, 2017 to the date of full payment, as to KRW 33,808,376 of the amount of subrogated payment and KRW 33,808,376 of the amount of subrogated payment with indemnity, etc. to the Plaintiff.