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1. The Defendant’s payment of KRW 156,364,226 to the Plaintiff and the principal of KRW 63,40,520 to the Plaintiff’s payment by subrogation from September 22, 2016.
Reasons
1. Facts of recognition;
A. On December 14, 1998, the Plaintiff entered into a credit guarantee agreement between the Defendant and the Defendant with the guarantee amount of KRW 29,520,00,000, guarantee period of KRW 10 years, and the guarantee amount of KRW 36,00,000, guarantee amount of loan guaranteed on October 7, 200, and a credit guarantee agreement with the guarantee period of KRW 10,000 (hereinafter “each of the instant agreements”).
B. At the time of the instant agreement, the Plaintiff and the Defendant agreed to pay the Plaintiff the amount of subrogation, damages for delay, penalty, etc. in accordance with the interest rate determined by the Plaintiff. The interest rate for delay determined by the Plaintiff is 12% per annum.
C. On June 22, 2006, the Plaintiff paid KRW 65,712,105 to the above FFFFC on the ground that the Defendant did not pay the above loans to the said FFFC.
As of September 21, 2016, the amount of indemnity under the instant agreement is KRW 156,364,226 in total (i.e., an administrative fine of KRW 63,40,520 in total) (i.e., an administrative fine of KRW 89,39,396 in penalty of KRW 87,129 in total).
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. According to the above facts of determination as to the cause of claim, barring any special circumstance, the defendant is obligated to pay to the plaintiff the amount of indemnity under the agreement in this case, calculated at the rate of 12% per annum from September 22, 2016 to the date of full payment of the principal of the subrogated amount of KRW 156,364,226, and the amount of delay damages calculated at the rate of 12% per annum from September 22, 2016 to the date of full payment.
(3) The defendant asserts that the defendant's claim regarding the defendant's argument that the ratio of interest in arrears from the day after the delivery of the original payment order is 15%, but it is not accepted as there is no evidence to acknowledge it).
Modern, strif, strif.