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1. As to KRW 17,512,903 and KRW 17,29,571 among the Plaintiff, Defendant A shall be from March 15, 2016 to May 23, 2017.
Reasons
1. Basic facts
A. 1) Defendant A entered into a credit guarantee agreement on March 7, 2013 (hereinafter “C”).
(2) On the same day, the Plaintiff concluded a credit guarantee agreement with Defendant A to guarantee the amount to be loaned to Defendant A pursuant to the Regional Credit Guarantee Foundation Act, and issued a credit guarantee agreement to Section C. 2) In the event of a guarantee accident, the Plaintiff agreed to pay the aggregate of the amounts stipulated in the Plaintiff’s articles of incorporation and the operating manual, among the expenses for collecting the non-guarantee loan, the principal of the non-guarantee loan within the scope of the guaranteed principal, the amount of accrued interest in accordance with the interest rate to be applied where the due date for the non-loan has not yet arrived until the repayment of the guaranteed principal, the amount of the non-guarantee loan has not arrived.
3) In the event that the Plaintiff performed the above guaranteed obligation, the Defendant A agreed to pay, in addition to the amount of performance, damages according to the interest rate determined by the articles of incorporation of the Plaintiff after the date of performance, expenses incurred in paying damages, and other expenses incurred in preserving, transferring, and exercising the Plaintiff’s rights. 4) Meanwhile, the rate of damages determined by the articles of incorporation of the Foundation is 12% per annum from August 1, 2013.
B. On December 8, 2015, the Plaintiff paid KRW 17,643,271 to C with respect to the foregoing agreement on March 15, 2016, following the occurrence of a credit guarantee accident due to delay of principal and interest. 2) The Plaintiff, on March 15, 2016, recovered KRW 343,70 with regard to the foregoing agreement by offsetting the unpaid guarantee fee from Defendant A with the principal and collected KRW 17,29,571 (=17,643,271), and the remainder of the payment of the said agreement by subrogation was 17,29,571 won (=17,643,271 won - recovered 343,700 won).
3. As to the amount recovered, 112 won was charged at the rate of damages as seen earlier until the collection was made, and the Plaintiff is the Defendant A’s for the purpose of preserving the claim related to the above agreement.