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The defendant's KRW 690,302,649 and KRW 689,028,349 among the plaintiff's KRW 10% per annum from June 27, 2019 to September 15, 2019.
Reasons
1. Facts of recognition;
A. On May 23, 2017, the Plaintiff and the Defendant entered into a guarantee agreement with the Defendant to pay the Plaintiff the principal debtor, the guaranteed principal amount of KRW 680,00,000,000, the term of guarantee, and the damages for delay based on the Plaintiff’s payment rate from the payment date to the date of full payment, and the additional guarantee fee based on the rate calculated by adding the rate of the Plaintiff’s guarantee fee applied from the date following the expiration date of the payment due date to the guarantee fee to the date immediately preceding the payment date, and ③ the legal procedure expenses incurred by the Plaintiff for the enforcement or preservation of the right by performing the guaranteed obligation, and the joint and several guarantee agreement was concluded between B and the Plaintiff.
B. On the same day, the Plaintiff issued a guarantee of KRW 680,000,000 as a loan institution. The Defendant borrowed KRW 800,000 from C Bank, but did not incur a guarantee accident for overdue payment.
C. On June 27, 2019, the Plaintiff subrogated 689,028,349 won of the principal and interest of the guaranteed loan to C Bank, and the Plaintiff incurred KRW 1,274,300 of the additional guarantee fee.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 5, the purport of the whole pleadings
2. Judgment on the parties' arguments
A. According to the above facts finding as to the cause of the claim, the defendant is jointly and severally liable with B to pay to the plaintiff KRW 690,302,649 (amounting to KRW 689,028,349 additional guarantee fees for subrogation) and KRW 689,028,349, whichever is 689,028,349, which is the date of subrogation, to the plaintiff, 10% per annum, which is the rate of agreed damages from June 27, 2019 to September 15, 2019, which is clear that it is the date of service of the original copy of the payment order in this case, and damages for delay calculated by 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.
B. Determination of the defendant's assertion