Defendant A’s 293,595,709 won and 293,166,498 won among the Plaintiff’s 293,59 won and the Plaintiff’s 203,166,498 won have been annual from March 27, 2020 to June 20, 2020.

1. Basic facts

A. On April 28, 2017, the Plaintiff entered into a credit guarantee agreement between Defendant A and the guaranteed principal of KRW 198,00,000,000, the credit guarantee agreement stipulated as of April 27, 2018, and the guaranteed principal of KRW 95,00,000, and the credit guarantee agreement stipulated as of April 27, 2018, respectively.

(hereinafter “each credit guarantee agreement of this case”). (b)

On April 28, 2017, Defendant A submitted a credit guarantee certificate issued by the Plaintiff pursuant to each credit guarantee agreement of this case to E bank and borrowed KRW 320,000,000,000,000. However, on December 31, 2019, Defendant A caused a credit guarantee accident on or around December 31, 2019. The Plaintiff performed the guaranteed obligation by subrogation to E Bank on March 27, 2020 in total, 294,305,568, in accordance with each credit guarantee agreement of this case.

C. Meanwhile, each credit guarantee agreement of this case provides that, where the Plaintiff performed the guaranteed obligation, the principal shall pay to the Plaintiff the amount of the guaranteed obligation and the amount calculated by the rate and calculation method determined by the Plaintiff from the date of the performance of the guaranteed obligation to the date of repayment, ② the expenses required for the execution preservation, exercise and legal procedure of the claim, ③ the unpaid guarantee fee, overdue guarantee fee, and additional guarantee fee.

From March 27, 2020, which was the date of the instant subrogation, the “ratio determined by the Plaintiff” in accordance with the terms and conditions of the said agreement is 10% per annum.

The legal procedure cost incurred by the Plaintiff in order to preserve the claim for reimbursement against Defendant A is KRW 428,90,00, and the damages for delay determined from March 27, 2020, the date of subrogation, to March 27, 2020, by the date when the Defendant A partly repaid the amount of reimbursement to the Plaintiff is KRW 311.

E. Around May 2019, Defendant A entered into a contract with Defendant B Co., Ltd. (hereinafter “Defendant Company”) on the transfer of the utility model right and trademark/service mark right (hereinafter “each intellectual property right of this case”) entered in the separate sheet to the Defendant Company (hereinafter “instant transfer contract”).