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1. As to KRW 89,915,122 and KRW 89,747,85, among the Plaintiff, the Defendant’s annual interest from December 8, 2014 to February 18, 2016.
Reasons
1. Basic facts
A. On February 27, 2014, the Plaintiff and the Plaintiff Co., Ltd. (hereinafter “B”) concluded a credit guarantee agreement on February 27, 2014 (hereinafter “the instant credit guarantee agreement”); and the Defendant jointly and severally guaranteed all the obligations under the instant credit guarantee agreement to be borne by B against the Plaintiff.
B. B, based on the credit guarantee agreement in this case on February 27, 2014, borrowed KRW 100,000,000 from our bank. The Plaintiff provided a credit guarantee to our bank within the scope of KRW 90,000,000.
C. B, upon the filing of a bankruptcy application on October 28, 2014, the credit guarantee accident occurred, and upon the request of the Bank, the Plaintiff repaid KRW 89,747,855 (the principal amount of KRW 89,364,646) to the Bank on December 8, 2014, on behalf of the Bank B, and paid KRW 167,267.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings
2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 89,915,122 won (89,747,855 won) and 89,747,855 won, whichever is the date of subrogation, 12% per annum under the credit guarantee agreement of this case from December 8, 2014 to February 18, 2016, which is the date of delivery of a copy of the complaint of this case, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.
The defendant asserts that there is no obligation to respond to the plaintiff's claim since he filed an individual rehabilitation application with Seoul Central District Court 2015da1012839, but the fact that the commencement decision or authorization decision has not yet been made with respect to the above individual rehabilitation case is obvious to this court, and the plaintiff's claim may not be rejected merely because the defendant applied for the individual rehabilitation, but can be repaid according to the individual rehabilitation procedure by stating the plaintiff's obligation to the creditor's list in the creditor's list.