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1. The Defendant’s KRW 148,142,712 among the Plaintiff and KRW 146,965,109 among the Plaintiff, shall be from August 17, 2018 to August 29, 2018.
Reasons
1. Facts of recognition;
A. The Plaintiff is an institution that manages the C Fund contributed by the Government in order to smoothly prepare funds necessary for agriculture, forestry and fisheries by guaranteeing the credit for farmers and fishermen who lack security solvency under the C Act.
B. The Plaintiff entered into a credit guarantee agreement between the Defendant and the Defendant (hereinafter “instant credit guarantee agreement”) and issued each letter of credit guarantee to the Defendant.
At the time, the defendant agreed to pay the guarantee fee, fine for negligence, penalty, and damages according to the rate and calculation method set by the plaintiff to the plaintiff when the plaintiff performed the guaranteed obligation, according to the amount of the performance amount and the performance date.
Serial 1 2016-425 3,230,000 3,80,000 222,729,729,000 3,740,003 26,740,000 32,230-5-8 3,230,000 3,800 4200 4 2015-4223,230,230,000 3,800 3,800,00 203,80,005 2014-12-412-4180,00,000, 200,005 20,000,000
C. As above, the Defendant submitted a written credit guarantee issued by the Plaintiff and received each loan from the D Association (hereinafter “D Association”) as described in the above Table.
(hereinafter referred to as “instant loans”) D.
The Defendant lost the benefit of time due to the delay in paying the principal and interest of this case, and accordingly, the Plaintiff subrogated for KRW 147,323,587 to the D Association on July 31, 2018.
E. The rate of damages for the amount of performance of the guaranteed obligation determined by the Plaintiff is 12% per annum after December 17, 2012, and the amount of the Plaintiff’s indemnity based on the said subrogation is 148,142,712 won as of August 16, 2018 (=146,965,109 won in the balance of the subrogated amount = 147,323,587 won in the amount of 147,965,109 [i.e., KRW 33,293 won in the overdue charge of KRW 33,293 in the penalty of KRW 4,336 in the penalty of KRW 318,583].
[Ground for Recognition: Unsatisfy, Gap evidence 1-6 (each number).