beta
Text
1. The Defendant’s KRW 351,685,299 among the Plaintiff and KRW 90,580,032 among the Plaintiff, shall be KRW 259,079,226 from September 28, 2016.
Reasons
1. Facts of recognition;
A. To enable the Plaintiff to obtain a loan from the Industrial Bank of Korea or the Small and Medium Business Corporation (hereinafter “Non-Party Company”), the Plaintiff entered into a credit guarantee agreement with the Non-Party Company as of October 24, 2013 (hereinafter “the instant credit guarantee agreement”) as of October 24, 2014 (hereinafter “the instant credit guarantee agreement”); ② as of October 24, 2013, the amount of deposit KRW 54,000,000, and the term of guarantee as of October 24, 2014 (hereinafter “the instant credit guarantee agreement”); ③ as of October 24, 2014, the credit guarantee agreement was concluded between the Plaintiff and the Non-Party Company (hereinafter “the instant credit guarantee agreement”); ③ as of October 24, 2013, the amount of deposit KRW 427,50,000,000 and each of the credit guarantee agreements was concluded with each of the Plaintiff’s respective credit guarantee agreements as security until October 24, 2014 (hereinafter “the instant credit guarantee agreement”).
B. At the time of the conclusion of each credit guarantee agreement between the Plaintiff and the Plaintiff, the Defendant concluded a joint and several guarantee agreement between the non-party company and the Plaintiff for all obligations owed by the non-party company to the Plaintiff.
C. After that, around August 2016, the company rehabilitation procedures commenced against the Defendant and the Defendant lost the benefit of time. On September 28, 2016, the Plaintiff subrogated to the Industrial Bank of Korea totaling KRW 90,580,032 in accordance with the instant credit guarantee agreement and the instant credit guarantee agreement. On December 20, 2016, the Plaintiff subrogated to the Small and Medium Business Corporation totaling KRW 259,079,226 pursuant to the instant credit guarantee agreement.
Meanwhile, the additional guarantee fee to be paid by the non-party company to the Plaintiff under each credit guarantee agreement of this case is KRW 569,210, and legal procedure costs are KRW 1,456,831, and the agreed damages rate for delay based on each credit guarantee agreement of this case is 10% per annum from February 1, 2016 to the date.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 5 (including each number if there is a serial number).