beta
Text
1.(a)
Defendant A’s KRW 45,343,753 as well as the Plaintiff’s KRW 12% per annum from July 9, 2015 to July 28, 2015, and July 29, 2015.
Reasons
1. Claim for indemnity;
A. On October 26, 2006, the Plaintiff entered into a credit guarantee agreement and a subrogation agreement with Defendant A on October 26, 2006, with a maturity of KRW 36,000,000, and with a maturity of October 25, 2007 (which shall be extended to October 16, 2015). Defendant A received a loan of KRW 45,000,000 from the Industrial Bank of Korea as security the guarantee certificate issued by the Plaintiff on the same date (hereinafter “third loan”).
(2) On February 11, 2009, the Plaintiff concluded a credit guarantee agreement with Defendant A on February 11, 2009, covering KRW 47,500,000, and the term of guarantee on February 10, 2010 (which shall be extended to February 5, 2016).
Defendant A borrowed KRW 50,00,000 from the Industrial Bank of Korea as security a guarantee issued by the Plaintiff on the same day.
(3) At the time of each credit guarantee agreement, upon the Plaintiff’s performance of the guaranteed obligation, the Defendant A agreed to pay the Plaintiff delayed damages in addition to the interest rate set by the Plaintiff, and the overdue interest rate applied at the time of subrogation is 12% per annum. 4) Defendant A’s discontinuation of business on May 27, 2015, caused a credit guarantee accident under which the benefit of time would be lost due to the discontinuation of business. The Plaintiff subrogated the Industrial Bank of Korea for the amount of KRW 45,34,90 [a loan 14,509,628 (= principal amount of KRW 14,40,628), KRW 2,30,835,276 (= principal amount of KRW 30,600] on July 9, 2015, pursuant to each credit guarantee agreement.
5) On July 9, 2015, the Plaintiff subrogated to the Industrial Bank of Korea for KRW 45,344,904 in total, and collected KRW 1,151 on the same day and appropriated it for the subrogated payment related to the first loan, thereby making up for the amount of subrogated payment [No. 14,508,477 [No. 14,508,628,628-1,151], the remaining amount of subrogated payment was 45,343,753 [No. 30,835,276].
B. According to the above findings of determination, Defendant A shall promote the litigation from July 9, 2015, which was the date of subrogation, to July 28, 2015, based on the agreed rate between KRW 45,343,753 and KRW 12% per annum from July 29, 2015, which was the date of delivery of a copy of the complaint, to September 30, 2015, and from July 29, 2015 to September 30, 2015.