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1. The Defendant’s KRW 36,510,906 and KRW 36,224,035 among the Plaintiff’s KRW 10% per annum from June 29, 2016 to March 30, 2019.
Reasons
1. The plaintiff's assertion and the plaintiff's assertion;
1. Agreement on credit guarantee;
A. On July 25, 2014, the Plaintiff entered into a credit guarantee agreement with the Defendant by setting the principal of the credit guarantee with the Defendant as KRW 40,00,000, and the term of the guarantee as July 24, 2015, according to the Defendant’s credit guarantee request.
B. According to the above agreement, when the plaintiff performed the above guaranteed obligation, the defendant had the plaintiff pay to the plaintiff all the incidental obligations, such as the amount subrogated by the plaintiff, damages after the date of performance, and other legal procedure expenses paid by the plaintiff.
2. In accordance with the agreement under the preceding paragraph, on July 25, 2014, the Plaintiff issued a letter of credit guarantee and a loan to the president of the permanent branch of the Bank of Korea: (a) No. 40,000,000 won of the guaranteed principal (or 36,000,000 won of the guaranteed principal due to partial termination); (b) July 24, 2015 (or later; (c) the term of guarantee as of July 22, 2016); and (d) the Defendant borrowed a loan of KRW 40,00,000 from the above bank on July 29, 2014.
3. The occurrence and scope of claims for indemnity;
A. On April 21, 2016, the Defendant lost the benefit of time due to the closure of business, and thereafter did not pay the principal and interest of the loan.
Accordingly, on June 29, 2016, the Plaintiff repaid the principal and interest of loans to the Industrial Bank of Korea on behalf of the Defendant, KRW 36,393,756, but collected KRW 22,680 on June 29, 2016, KRW 44,383 on November 27, 2017, KRW 53,966 on December 11, 2017, and KRW 48,692 on April 30, 2018, respectively, and collected the balance.
(b) The interest rate of agreed damages on the amount of subrogation for a fixed amount of damages is 10% per annum after the performance of the guaranteed liability, and the amount of collected damages is 23,071 won per annum.
C. In order to secure the claim for reimbursement against the Defendant by subrogation, the unclaimed balance among the legal procedure costs paid by the Plaintiff on behalf of the Defendant is KRW 263,800.
4. If so, the defendant is liable to pay 36,510,906 won to the plaintiff (=26,224,035 won by subrogation) and the amount of 23,071 by subrogation (263,800 won by subrogation).