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1. The Defendant’s annual interest in KRW 9,668,664 and KRW 9,68,594 from April 17, 2019 to October 14, 2019.
Reasons
1. Facts of recognition;
A. On March 25, 2014, the Plaintiff entered into a credit guarantee agreement with the Defendant to guarantee that the Defendant borrowed KRW 15 million from B Bank as a loan for other financial operations (hereinafter “credit guarantee agreement”) (from March 25, 2014 to March 20, 2019; hereinafter “credit guarantee agreement”).
(2) On November 6, 2017, the Defendant issued a credit guarantee certificate from the Plaintiff and received the said money, and the Defendant entered into a credit guarantee agreement to guarantee the receipt of a loan of KRW 5 million from the bank as a general loan (hereinafter “credit guarantee agreement”) (from November 6, 2017 to November 6, 2022; hereinafter “credit guarantee agreement”) and the Defendant received the said money from the Plaintiff with a credit guarantee certificate issued by the Plaintiff.
B. On January 8, 2019, the Defendant did not pay the principal and interest of a loan and caused a credit guarantee accident. On April 17, 2019, the Plaintiff paid a total of KRW 9,930,234 (i.e., the principal and interest of a loan by subrogation from a bank on April 17, 2019 (in accordance with the first credit guarantee agreement, KRW 4,984,717) on behalf of the Plaintiff.
C. As of April 17, 2019, the amount of KRW 9,68,664 (i.e., principal and interest on a subrogation under the credit guarantee agreement (i.e., principal of the loan 9,930,234 - final damages of KRW 261,640) under the credit guarantee agreement (i.e., fixed damages of KRW 261,640) remains. Around that time, the rate of damages for delay determined by the Plaintiff pursuant to the credit guarantee agreement of this case is
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including a provisional number), the purport of the whole pleadings
2. According to the above facts of determination, the defendant, as to the plaintiff's total amount of principal and interest on subrogation 9,68,664 won and remaining principal 9,68,594 won, i.e., the date of subrogation, 10% per annum from April 17, 2019 to October 14, 2019, the agreement rate of 10% per annum and the date of full payment from the following day to the date of full payment.