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1. The defendant shall pay to the plaintiff KRW 39,079,062 as well as KRW 22,907,429 as to the plaintiff's KRW 39,079,062 as well as its KRW 22,907,429 as of October 18, 2004 to May 31,
Reasons
1. Facts of recognition;
A. A. Around June 17, 2003, the Plaintiff entered into a credit guarantee agreement with the Defendant on a loan granted by the Defendant from Han Bank (hereinafter “the instant credit guarantee agreement”) by setting the credit guarantee principal as KRW 37,000,000 and the credit guarantee period as of June 17, 2004.
B. On October 18, 2004, the Plaintiff subrogated to Han Bank for the principal of 37,803,863 won ( principal of 37,000,000 won interest of 803,863 won) of the Defendant’s overdue interest. On December 31, 2004, the Plaintiff recovered KRW 716,690 from the Defendant, and on December 31, 2004, collected KRW 26,507, and the penalty for breach of contract was 179,320, respectively.
C. The Plaintiff’s interest rate for delay is 18% per annum from October 18, 2004 to May 31, 2005 and 15% per annum from June 1, 2005.
On August 30, 2006, the Plaintiff filed a lawsuit against the Defendant for the payment of indemnity amount under the above subrogation with Seoul Central District Court Decision 2006Da327180, and the above court did not submit a written response. On December 28, 2006, the judgment of this case became final and conclusive with respect to KRW 37,293,00 and KRW 37,087,173 as to KRW 18% per annum from October 18, 2004 to May 31, 2005, from June 1, 2005 to October 25, 2006, and from October 26, 2006 to KRW 20% per annum (hereinafter referred to as "the judgment of this case").
E. After the issuance of the previous judgment in this case, the Plaintiff additionally recovered KRW 14,179,744, and the final amount of damages for the amount recovered was KRW 15,965,806.
F. The Plaintiff filed the instant lawsuit against the Defendant for an extension of extinctive prescription regarding the claim for reimbursement against the Defendant.
[Reasons for Recognition] The descriptions of Gap evidence Nos. 1 through 9, the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the defendant 39,079,062 won [=the balance of the subrogated payment = 22,907,429 won (=the subrogated payment 37.0