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1. As to KRW 178,623,531 and KRW 178,62,647 among the Plaintiff, Defendant A shall be from September 7, 2016 to September 23, 2016.
Reasons
1. Basic facts
A. On July 9, 2014, the Plaintiff entered into a credit guarantee agreement with C (hereinafter “the instant credit guarantee agreement”) with respect to the principal and interest obligation that the non-party company owes by obtaining a loan from the Industrial Bank of Korea (hereinafter “the instant credit guarantee agreement”) by providing the guarantee amount of KRW 180 million and the guarantee period until July 7, 2015 (e.g., extended to July 7, 2017).
B. According to the instant credit guarantee contract, when the Plaintiff performed the above guaranteed obligation, the non-party company agreed to pay to the Plaintiff all the incidental obligations, including the amount subrogated by the Plaintiff, damages after the date of performance, additional guarantee fees calculated by adding a certain percentage of the final applicable guarantee fee rate to the pertinent guarantee guarantee fee rate from the day following the date of payment of the guarantee fee for the amount not terminated, and other legal procedure expenses paid by the Plaintiff for delay.
C. At the time of the instant credit guarantee agreement, Defendant A, a representative of the Nonparty Company, guaranteed all obligations owed by the Nonparty Company to the Plaintiff.
The non-party company lost its interest due to the failure to meet the obligations to the Industrial Bank of Korea and did not pay the principal and interest of loan. Accordingly, on September 7, 2016, the Plaintiff paid the principal and interest of loan 181,312,287 under credit guarantee to the non-party company on behalf of the non-party company, and thereafter, 2,689,640 won was recovered and appropriated for the amount of subrogated payment, thereby making the remainder of the amount of subrogated payment was 178,62,647 won.
E. From December 30, 1996 to December 1, 2010, the Plaintiff’s fixed rate of damages for the amount of subrogation was 17% per annum from December 30, 1996, 14% per annum from December 2, 2010 to May 31, 2015, and 12% per annum from June 1, 2015. As above, the Plaintiff collected the amount of subrogated payment of KRW 2,689,640, thereby causing 884.
F. The non-party company recorded the net loss of KRW 132,591,050 in the year 2015, and against the Bank from May 28, 2016.