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1. As to KRW 59,739,380 and KRW 47,360,350 among them, the Defendant shall pay to the Plaintiff the year from January 21, 2016 to February 3, 2016.
Reasons
1. Basic facts
A. On March 25, 2009, the Defendant (the name of the enterprise: B) entered into a credit guarantee agreement with the Plaintiff as listed below. In the event the Plaintiff performs its guaranteed obligation, the Defendant (the Plaintiff) agreed to reimburse the Plaintiff the amount subrogated by the Plaintiff and the amount of damages for delay calculated by the prescribed rate of damages for delay (the current 12%) from the date of subrogation to the date of full payment. The Defendant (the current 12%) obtained loans from the lending institution as collateral.
Guarantee Period of the guaranteed principal (after Change) 50,000,000 won 2014-03-26, 2013-12-10,360,350 won 12,379,030 won 59,739,380 won -
B. After November 2013, when a credit guarantee accident occurred due to the Defendant’s personal rehabilitation application, etc., the Plaintiff subrogated to the said loan institution for KRW 50,304,089 on December 10 of the same year in order to discharge the guaranteed liability under the said credit guarantee agreement.
From February 18, 2014 to January 17, 2016, the Plaintiff collected KRW 2,943,739 in sequential order from February 18, 2014 to January 17, 2016, and remaining KRW 47,360,350 of the amount of subrogated payment. As the Plaintiff appropriated each amount of subrogated payment to the amount of subrogated payment, the Plaintiff’s confirmed damages (interest rate of 12% per annum) accrued from the date of recovery from the date of subrogated payment and from January 20, 2016 to the date of base (interest rate of January 20, 2016).
[Ground for Recognition: Descriptions of Evidence A1 to 6]
2. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 59,739,380 as indemnity, and the amount of subrogated amount of KRW 47,360,350 as indemnity, at the rate of 12% per annum from January 21, 2016, which is the following day of the relevant base date until February 3, 2016, the delivery date of a copy of the complaint of this case, and at the rate of 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.
3. If so, the plaintiff .