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1. The Defendant’s KRW 115,874,558 among the Plaintiff and KRW 110,294,605 among the Plaintiff, shall be from February 26, 2013 to January 31, 2016.
Reasons
1. Facts of recognition;
A. The Plaintiff entered into a credit guarantee agreement with the Defendant, between February 12, 2009 and February 11, 2010, with ① 47,500,000 won (the Bank of Korea will be extended to the end of February 8, 2013) (the term of guarantee shall be 42,750,000 won for the guaranteed amount, and the guaranteed amount shall be changed to 42,750,000 won) and ② from May 6, 2009 to May 4, 2010 (the extension of the term of guarantee from May 3, 2013 to the Bank of Korea) and issued each credit guarantee certificate.
B. On February 26, 2013, the Plaintiff subrogated for KRW 126,384,626 ( KRW 43,193,189, KRW 83,191,437) to the Industrial Bank of Korea, which is a guarantee creditor, after receiving the above credit guarantee statement from the Industrial Bank of Korea as collateral.
C. In the above credit guarantee agreement, if the Plaintiff performed the guaranteed obligation, the Plaintiff agreed to reimburse the amount of subrogation for delay based on the overdue interest rate determined by the Plaintiff and the incidental debt, such as legal procedure expenses incurred by the Plaintiff in order to recover the amount of subrogated. The overdue interest rate of the Plaintiff’s Plaintiff is 12% per annum from December 1, 2012 to January 31, 2016, and 10% per annum from the following day.
The Plaintiff collected KRW 16,090,021 after subrogation and appropriated the amount for the repayment of principal by subrogation for the repayment of principal (i.e., KRW 110,294,605 (i.e., KRW 27,311,888, KRW 82,982,717). As above, the final damages for the portion of principal recovered and extinguished are KRW 5,538,143, and the penalty for attempted penalty is KRW 41,810.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings
2. Therefore, the Defendant agreed to the Plaintiff as to KRW 115,874,558 (i.e., KRW 110,294,605 won, KRW 5,538,143 won, and KRW 110,294,605, which is the principal of the subrogated amount, as to the amount of the subrogated payment, 110,294,605 won, i.e., the date of subrogation, from February 26, 2013 to January 31, 2016, 12% per annum, which is the overdue interest rate, and from the following day to February 20, 2018, which is the date of delivery of the original copy of the instant payment order.