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1. As to KRW 136,296,071 and KRW 123,109,378 among the Plaintiff, the Defendant up to December 28, 2012.
Reasons
1. Facts of recognition;
A. On May 24, 2012, the Plaintiff concluded an export credit guarantee agreement of KRW 160,000,000 with Nonparty Company B (hereinafter “Nonindicted Company”) as a loan-handling institution as the Korea Exchange Bank. The Defendant jointly and severally guaranteed all obligations owed by Nonparty Company under the said agreement.
B. As the non-party company caused a guarantee accident, on December 27, 2012, the Plaintiff paid to the foreign exchange bank the principal and interest of 158,624,020 won on behalf of the Defendant, thereby acquiring the following indemnity claim against the Defendant.
C. The total amount that the Plaintiff is liable to receive from the Defendant is 136,296,071 won in total, and damages for delay in determining the principal amount of the indemnity claim, 11,846,983 won in total, and 1,339,710 won in total, and 123,109,378 won in principal amount of the indemnity claim.
[Ground of recognition] Facts without dispute, Gap 1 through 9 evidence, purport of whole pleadings
2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the agreed interest rate of KRW 136,296,071 (the principal of the indemnity bond of KRW 123,109,378 plus KRW 11,846,983 plus KRW 1,339,710) and, among them, the principal of the indemnity bond of KRW 123,109,378, which is the day following the date of subrogation, to January 5, 2017, the agreed interest rate of KRW 11% per annum and KRW 10% per annum from January 6, 2017 to January 23, 2018; and KRW 15% per annum from the next day to the date of full payment.
In this regard, the defendant asserts that rehabilitation procedures were commenced with respect to the non-party company and the rehabilitation plan was approved, and that the non-party company performs the obligations altered according to the rehabilitation plan. However, the "Article 250 (2) of the Debtor Rehabilitation and Bankruptcy Act" has the right to the debtor's guarantor for whom rehabilitation procedures commence and other persons who bear the obligations jointly with the debtor for whom rehabilitation procedures commence.