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1. As to KRW 457,687,430 and KRW 455,375,580 among the Plaintiff, Defendant A shall be from April 1, 2016 to September 30, 2016.
Reasons
1. Facts of recognition;
A. 1) The Plaintiff Co., Ltd. (hereinafter “B”)
(B) As regards the monetary obligations that B will incur with respect to the loan from the Industrial Bank of Korea in connection with the export transaction, the Export Credit Guarantee Agreement (hereinafter referred to as the “instant Guarantee Agreement”) with the following content:
A) Upon entering into an export credit guarantee agreement, and issued an export credit guarantee certificate. In addition, pursuant to Article 8 of the Guarantee Agreement, Defendant A jointly and severally guaranteed the obligation to be borne by the Plaintiff pursuant to the instant guarantee agreement. B) In the event that the Plaintiff fulfilled the guaranteed obligation, Defendant B is obligated to reimburse the Plaintiff according to the manner determined by the Plaintiff for the amount of the guaranteed obligation and the reasonable expenses incurred in preserving, implementing, and exercising the rights acquired by the Plaintiff due to the performance of the guaranteed obligation. If delay is made, Defendant A is obligated to pay the said amount by adding up the damages calculated by multiplying the number of days from the day following the payment deadline
According to Article 30 of the Guidelines for Domestic Compensation enacted by the Plaintiff, the overdue interest rate for B, a small and medium enterprise, is 11% per annum.
B. On October 16, 2014, B obtained a guarantee loan of KRW 500,00,000 from the Industrial Bank of Korea as collateral for the export credit guarantee agreement, and as a result, B failed to pay interest due to liquidity aggravation due to the decline in sales on January 9, 2016, the Plaintiff’s subrogation. On March 24, 2016, the Industrial Bank of Korea notified the Plaintiff of the performance of the guaranteed obligation due to the guarantee accident.
On March 31, 2016, the Plaintiff repaid KRW 455,375,580 to the Industrial Bank of Korea totaling KRW 450,00,000 as principal guaranteed and interest KRW 5,375,580.
In addition, the plaintiff paid KRW 2,311,850 to the creditor preservation expenses, such as the provisional seizure of real estate and the provisional disposition of prohibition of disposal of collateral security.