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1. The defendant A shall pay to the plaintiff 13,311,716 won and 12,945,368 won among them, 12% per annum from June 12, 2017 to July 27, 2017.
Reasons
1. Facts of recognition;
A. The Plaintiff entered into a credit guarantee agreement with Defendant A (hereinafter “Defendant A”).
In other words, if Defendant 1 did not pay the loan, which is the principal obligation of the Plaintiff’s foundation’s guarantee, to the Nonparty Industrial Bank of Korea (hereinafter “Non-Party Bank”), thereby losing the benefit of time due to the Plaintiff’s failure to pay the loan to the Non-Party Industrial Bank of Korea (hereinafter “Non-Party Bank”), and upon receiving a claim from the Plaintiff, Defendant 1 agreed that ① the Plaintiff shall pay to the Plaintiff the amount paid by the Plaintiff for the performance of the guaranteed obligation, based on the amount of subrogation paid by the Plaintiff for the performance of the obligation, the rate of delay damages from the date of the performance of the obligation to the date of full payment, ② the additional guarantee fee from the day following the date of payment of the guarantee fee to the date of termination
(hereinafter referred to as the “instant credit guarantee agreement”). B.
On August 19, 2015, the Plaintiff issued a credit guarantee certificate with the guaranteed principal of KRW 15,00,000,000, and as of August 19, 2020, according to the credit guarantee agreement in this case. Defendant 1 submitted this credit guarantee certificate to the non-party bank and borrowed the loan. However, on March 21, 2017, the Plaintiff caused a guarantee accident with the principal in arrears. On March 21, 2017, the Plaintiff subrogated the non-party bank to pay the principal amount of KRW 13,153,018 on June 12, 2017, and thereafter collected KRW 207,650, and still remains 12,945,368.
C. The Plaintiff’s interest rate for delay is 12% per annum from June 12, 2017, which is the date of the instant subrogation, to the date of payment, and the damages for delay from the date of partial repayment is 68 won.
In addition, the Plaintiff spent KRW 366,280 as the cost of preserving the claim for reimbursement.
Defendant 1 (hereinafter referred to as “Defendant 2”) shall provide for the real estate indicated in the attached Table to Defendant A, who is the birthee.