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1. The Defendant’s annual interest in KRW 47,472,867 and KRW 10,052,215 among the Plaintiff, from May 1, 2014 to August 31, 2015.
Reasons
1. As to the cause of claim
A. 1) On January 6, 2010, the Plaintiff guaranteed on January 30, 2013, 134,820,000 won as to the part payment principal and interest of Korea Exchange Bank (hereinafter “Korea Exchange Bank”) of the Defendant’s former Korea Exchange Bank (hereinafter “Korea Exchange Bank”), and on January 30, 2013. In the event the Plaintiff performed its guaranteed obligation, the Defendant repaid the amount, the rate of interest determined by the Plaintiff as to the amount, and damages according to the calculation method; and (2) the Plaintiff’s payment of guarantee fees, overdue fees, additional guarantee fees, and refund of the Plaintiff’s guarantee fees shall be based on the rate, calculation method and collection method determined by the Plaintiff as well as on the basis of the rate determined by the Plaintiff (i.e., payment of guarantee fees, overdue fees, additional guarantee fees, and additional guarantee fees shall be calculated at the rate of 10% per annum from the date following the date on which the guaranteed obligation is paid until the due date until the due date of guarantee obligation is calculated as 0. (3.).
On February 1, 2013, the Defendant changed the term of the instant guarantee to June 30, 2013.
3) After that, the Defendant lost the benefit of time, and on April 30, 2014, the Plaintiff subrogated for KRW 144,703,096 to the former Foreign Exchange Bank. (4) On January 18, 2017, the Plaintiff recovered KRW 134,75,000 from January 18, 2017, and paid KRW 104,119 as the instant litigation cost, and KRW 103,400 as the cost of cancelling provisional attachment ( KRW 51,700) as the cost of cancelling provisional attachment.
5) Additional guarantee fees incurred prior to subrogation are KRW 780,750. 6) The rate of damages determined by the Plaintiff under the instant guarantee agreement shall be 12% per annum from December 1, 2012 to August 31, 2015, and thereafter from September 1, 2015.