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1. Defendant A’s KRW 14,698,731 as well as the Plaintiff’s KRW 15% per annum from May 21, 2014 to April 28, 2015, and April 29, 2015.
Reasons
Basic Facts
On October 28, 2011, the Plaintiff entered into a credit guarantee agreement regarding the principal and interest obligation of KRW 20 million to be loaned from Defendant A Nonghyup Co., Ltd. (hereinafter “Co., Ltd.”) from the second presentation to Defendant A, and issued to Defendant A a letter of credit guarantee on October 28, 201, including the credit guarantee amount of KRW 20 million and the credit guarantee period of KRW 20 million.
Defendant A obtained a loan of KRW 20 million from the Nonghyup Bank as security on the same day.
(B) On October 22, 2013, the Plaintiff entered into a credit guarantee agreement with Defendant A with respect to the principal and interest obligation of KRW 15 million to be loaned from a new bank that Defendant A, a stock company, on October 22, 2013, and issued a credit guarantee agreement with Defendant A on October 22, 2018.
Defendant A was loaned KRW 15 million from a new bank as security on the same day.
(B) From the following point of view, the term “the instant secondary credit guarantee” and “the instant secondary credit guarantee and loan,” together with the instant primary credit guarantee and loan, mean each of the instant loans. In the instant credit guarantee, in the event that the Plaintiff performed a credit guarantee obligation to the Nonghyup Bank or the New Bank, Defendant A shall also pay to the Plaintiff the Plaintiff the amount of the Plaintiff’s subrogation and the damages for delay on behalf of the Plaintiff, ② the insurance premium paid by the Plaintiff on behalf of the Plaintiff, ③ the expenses incurred in the preservation, transfer, and exercise of the rights acquired by the Plaintiff due to the Plaintiff’s performance of the credit guarantee obligation, ③ the expenses incurred in the execution, preservation, exercise, and legal procedures of the claim, ④ the unpaid guarantee fee, overdue guarantee fee, additional guarantee fee, etc.
The rate of delay damages determined by the Plaintiff shall be 15% per annum from April 20, 2010 to April 28, 2015, and from the next day to the present day.