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1. The Defendant’s KRW 44,402,558 and KRW 6,497,039 among the Plaintiff’s KRW 12% per annum from April 13, 2013 to March 26, 2015.
Reasons
1. Facts of recognition;
A. On September 29, 2009, the Plaintiff entered into a credit guarantee agreement (hereinafter referred to as the “credit guarantee agreement of this case”) with the Defendant, setting the term of guarantee principal as KRW 200 million and the term of guarantee from October 1, 2009 to October 1, 2012 in receiving an apartment payment loan from the National Agricultural Cooperative Federation (the trade name is changed to Nonghyup Bank; hereinafter referred to as “CF”).
B. On the same day, the Defendant submitted a guarantee issued under the instant credit guarantee agreement and received a loan of KRW 200 million from the Nonghyup.
C. According to the credit guarantee agreement of this case, when the plaintiff performed the guaranteed obligation, the defendant bears damages for delay and incidental obligations at the rate determined by the plaintiff based on the amount, the Korea Housing Finance Corporation, the Enforcement Decree of the Korea Housing Finance Corporation, the regulations on the operation of the Corporation, and the regulations on guarantee.
(Article 10)
D. The Plaintiff received the Defendant’s claim for the performance of the guaranteed obligation from the Agricultural Cooperatives on the ground that the Defendant lost the benefit of the loan, and on April 12, 2013, the Plaintiff subrogated 206,858,683 won to the Nonghyup under the Credit Guarantee Agreement.
E. By October 28, 2014, the Plaintiff collected KRW 200,361,644 out of the amount paid by subrogation and appropriated it to the amount paid by subrogation, and the amount paid by subrogation remains at the present rate of KRW 6,497,039, and the remaining amount of interest paid by subrogation remains at KRW 37,151,989, and additional amount payable by subrogation is KRW 753,530.
On the other hand, the rate of delay damages under the credit guarantee agreement of this case is 12% per annum from December 1, 2012 to December. 1.
[Ground of recognition] Unsatisfy, Gap's statements in Gap's 1 to 9, the purport of whole pleadings
2. Determination on the cause of the claim
A. According to the above facts, the Defendant’s reimbursement amount of KRW 44,402,558 under the credit guarantee agreement of this case (i.e., the remainder of the subrogated payment amount of KRW 6,497,039) (i.e., KRW 37,151,989 for delay delay damages) and the amount payable at KRW 753,530.