beta
Text
1. As to KRW 46,675,855 and KRW 45,800,790 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from November 20, 2013 to February 4, 2014.
Reasons
1. Facts of recognition;
A. As the Defendant received a corporate operating loan of KRW 50,00,000 from a new bank on March 18, 2009, the Plaintiff concluded a credit guarantee agreement with the Defendant and provided a credit guarantee agreement with the Defendant to provide the said KRW 50,00,000 as the guaranteed amount, and the term of guarantee was until March 17, 2010 (the guaranteed amount was KRW 45,00,000,000, and the guarantee period was changed until September 15, 2013).
B. After that, on August 26, 2013, the new bank, Inc. notified the Plaintiff, a credit guarantee agent, of the Defendant, of the occurrence of a credit guarantee accident. On November 20, 2013, the Plaintiff subrogated to the said bank the payment of the principal amount of KRW 45,00,000,000, interest of KRW 800,790, and KRW 45,800,790.
C. Under the credit guarantee agreement between the Plaintiff and the Defendant, the delay rate of 12% per annum is applied to the amount of debt guarantee performed by the Plaintiff, and the additional guarantee fee to be paid by the Defendant is KRW 173,580, and the legal procedure cost is KRW 701,485.
[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Gap 3-1 to 4, Gap 4-8 evidence, the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff 46,675,855 won (the legal procedure cost of KRW 173,580 for the additional guarantee fee of KRW 45,80,790 for subrogation) and 45,80,790 for the substitute payment of KRW 173,580 for the amount of 45,80,790 for the substitute payment from November 20, 2013 to February 4, 2014, which is clear from the date of subrogation to the date of delivery of a duplicate of the complaint in this case, 12% per annum interest rate of delay in agreement and 20% per annum from the following day to September 30, 2015, and damages for delay calculated at 15% per annum from the next day to the date of full payment.
3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.