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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. On July 22, 2012, 209, 201, E-50,000,000 of the guaranteed amount guaranteed on the date of guarantee under a credit guarantee agreement, the Plaintiff’s twosan Co., Ltd. (former trade name before modification: Han-do Co., Ltd.; hereinafter “Masan”) on July 22, 2009, 209.
(B) A credit guarantee agreement was entered into between the parties as described below (hereinafter referred to as the “instant credit guarantee agreement”).
3) The Defendant and C (the Defendant’s trade name was changed from “Co. D” to “Co., Ltd. B” and “Co., Ltd. A”).
(2) On July 22, 2009, the Plaintiff issued a credit guarantee certificate to the Gyeongnam Bank on July 30, 2009 pursuant to the credit guarantee agreement of this case, and 20 million won was loaned from the Gyeongnam Bank on July 30, 2009.
B. On August 20, 2012, the Plaintiff was notified of the occurrence of a credit guarantee accident due to the delinquency in payment of loans from the Namnam Bank. On October 14, 2012, the Plaintiff subrogated for the total amount of 36,617,177 won (i.e., principal amount of KRW 36,00,000, KRW 617,177) (i.e., principal amount of KRW 36,000) under the credit guarantee agreement of this case. (ii) The Plaintiff recovered from the Namsan and C from October 4, 2012 to April 29, 2016 to appropriated the principal amount of the said subrogation, and the principal amount of subrogation remains 6,708,057 won.
3) According to Article 10(2) of the Credit Guarantee Agreement, where the Plaintiff has performed the guaranteed obligation, the principal obligor and the joint guarantor shall pay the amount of the performance of the guaranteed obligation plus the damages for delay calculated at the rate determined by the Plaintiff. The rate of damages for delay determined by the Plaintiff is as follows. Accordingly, the amount of damages for delay incurred for the principal recovered from two acids and C from October 14, 2012 to April 29, 2016, which is the date of subrogation, is KRW 5,193,322. The interest rate for the period (from June 1, 2005 to April 29, 2005).