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1. The Defendant’s annual interest in KRW 90,532,450 and KRW 75,981,189 among the Plaintiff, from March 29, 2011 to November 30, 2012.
Reasons
1. Facts of recognition;
A. On March 17, 2003, the Plaintiff entered into a credit guarantee agreement under which the Plaintiff guarantees the principal and interest of the loan (the estimated amount of loan KRW 200 million, the guaranteed amount KRW 170 million, hereinafter “the instant credit guarantee agreement”). On the same day, the Defendant borrowed KRW 200 million from the said bank according to the Plaintiff’s guarantee on the same day.
B. After that, around March 8, 2011, a credit guarantee accident occurred to the Defendant due to overdue interest, and the Plaintiff received the notice of the accident and the request for performance of guaranteed liability from the said bank, and on March 29, 201, subrogated the said bank to pay the principal amount of KRW 112,940,309 (= Principal KRW 112,00,000,000).
C. Since then, the Plaintiff recovered KRW 36,959,120, and appropriated it to the said subrogated amount, and remaining KRW 75,981,189 based on the principal amount.
After the Plaintiff’s subrogation and recovery, the claim against the Defendant is the total amount of KRW 90,532,450 (=the remaining principal amount of KRW 75,981,189) and the total amount of KRW 14,470,261 and the total amount of KRW 81,000 for liquidated damages).
E. According to the instant credit guarantee agreement, the Plaintiff’s amount of delay compensation is added to the amount of subrogated payment. The ratio is 15% per annum from June 1, 2005 to November 30, 2012, 12% per annum from December 1, 2012 to January 31, 2016, and 10% per annum from February 1, 2016 to the date.
[Reasons for Recognition] Unsatisfy, entry of Gap 1 through 6, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition as to the cause of claim, the defendant is obligated to pay to the plaintiff the sum total of the remaining damages for delay, etc. under the credit guarantee agreement of this case and the prescribed damages for delay as to the remaining principal.
B. As to the judgment on the Defendant’s assertion, the Defendant’s repayment to the Plaintiff is the same as the Plaintiff’s repayment.
It is somewhat much larger than 36,959,120 won.