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1. As to KRW 170,55,113 and KRW 68,804,93 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from November 10, 2016 to January 3, 2017.
Reasons
1. Facts of recognition;
A. On December 30, 2002, the full-scale Gun Fisheries Cooperatives (hereinafter “full-do Gun Cooperatives”) lent KRW 50,000,000 to the Defendant.
Upon entering into the above loan agreement, the Plaintiff and the Defendant guaranteed the Defendant’s obligation to repay the loan to the Defendant’s full Gun cooperative, and the Defendant concluded each credit guarantee agreement with the purport that the Plaintiff shall pay the guarantee fee, administrative fine, and penalty according to the Plaintiff’s determination, and shall pay the amount of subrogation, expenses therefrom, and losses therefrom when the Plaintiff subrogated.
(hereinafter “instant guarantee agreement”). B.
The defendant delayed the performance of the obligation under the above loan agreement, thereby losing the benefit of time, and the Gun Cooperatives requested the plaintiff to discharge the guaranteed obligation.
On April 13, 2006, the Plaintiff subrogated for KRW 69,328,235.
C. As of November 9, 2016, the amount of damages for delay, etc. to be paid by the Defendant to the Plaintiff under the instant guarantee agreement is KRW 101,750,180, including the principal amount of KRW 68,804,933, and damages for delay, etc. as of November 9, 2016, including KRW 170,55,113.
Under the instant guarantee agreement, the rate of damages for delay applicable to the above indemnity obligation is 12% per annum as of the time of the closing of argument in the instant case.
[Ground of recognition] Facts without dispute, each of Gap evidence 1 to 3 (including each number), 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 the amount of KRW 170,55,113 as well as the principal of KRW 68,804,93 as the principal thereof, from November 10, 2016 following the base date for calculation to January 3, 2017, which was served on the Defendant with the payment order of this case, 12% per annum as stipulated in the instant guarantee agreement and 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.
3. The defendant's defense is a commercial claim of the plaintiff, and the period of extinctive prescription is five years.