1. The Defendant’s annual interest in KRW 56,673,501 and KRW 9,308,019 among the Plaintiff, from November 3, 2012 to November 30, 2012.

1. Determination as to the cause of claim

A. (1) On February 12, 2010, the Plaintiff entered into a housing finance credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with the Defendant, with the amount guaranteed as KRW 199,18 million, when the Defendant took out an apartment payment loan from the Korea Bank Co., Ltd. (hereinafter “Korea Bank”).

(2) According to the credit guarantee agreement of this case, when the plaintiff performed the guaranteed obligation, the defendant shall pay the amount of subrogation to the plaintiff and the damages for delay and its incidental obligation at the rate determined by the relevant laws and regulations.

(3) On February 12, 2010, the Defendant borrowed 190,18 million won (hereinafter “instant loan”) from the Bank in accordance with the instant credit guarantee agreement.

(4) On November 2, 2012, the Plaintiff filed a claim with the Bank for the performance of the guaranteed obligation on the ground that the Defendant lost the benefit of the term of the said loan from the Bank, by subrogationing KRW 201,801,652 pursuant to the credit guarantee agreement of this case.

(5) On October 28, 2014, the Plaintiff recovered KRW 192,493,633 from the Defendant on October 28, 2014, and the amount of subrogated payment remains KRW 9,308,019. The fixed damages for delay on the amount recovered to KRW 192,493,633 are KRW 46,325,042, and the fees for delay in attempted payment are KRW 1,040,440.

The rate of delay damages under the credit guarantee agreement of this case is 15% per annum until November 30, 2012, and 12% per annum from December 1, 2012 to December 1, 2012.

[Grounds for recognition] Evidence Nos. 1 through 8, the purport of the whole pleadings

B. According to the above facts of determination, the Defendant, barring special circumstances, at KRW 56,673,501 under the credit guarantee agreement of this case (i.e., 1,040,40 won in arrears of KRW 46,325,042 for delay delay damages of KRW 9,308,019,000 for delay delay damages of KRW 46,325,042), and among them, 15% per annum, which is the date following the date of subrogation, from November 3, 2012 to November 30, 2012, and the agreed delay damages rate of KRW 9,308,01.