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The defendant shall pay to the plaintiff KRW 72,100,313 and KRW 66,822,492 from November 4, 2020 until November 18, 2020.
Reasons
1. Determination on the cause of the claim
A. In full view of the overall purport of Gap evidence Nos. 1 and 4, the following facts can be acknowledged:
1) In obtaining a loan from C Cooperatives, the Plaintiff agreed to provide a credit guarantee agreement as listed below. In the event that the Plaintiff fulfilled its guarantee obligation, the Defendant agreed to pay the subrogated payment made by the Plaintiff, damages for delay, penalty, guarantee fee, administrative fine, expenses incurred by the Plaintiff in order to compensate for the performance or rights of the guaranteed obligation, etc.
The interest rate on delayed damages determined by the Plaintiff is 15% per annum from June 14, 2004 to December 16, 2012, 12% per annum from December 17, 2012 to January 1, 2020, and 8% per annum thereafter.
2) The Defendant was granted a loan from a cooperative in accordance with the credit guarantee certificate issued by the Plaintiff as listed below.
3) The Defendant forfeited the interest of the above loan due to the overdue delay, and the Plaintiff repaid each of the amounts indicated below the subrogation payment column to the C Union on December 12, 2019 and November 28, 2019 in accordance with the credit guarantee agreement as above. Accordingly, the Defendant’s indemnity obligation owed to the Plaintiff is indicated in the aggregate column as of November 4, 2020.
B. According to the above facts, the defendant is obligated to pay to the plaintiff losses for delay calculated at the rate of 72,100,313 won in total and 66,822,492 won in subrogation payment, which is the basis date for calculating the above amount of reimbursement liability, from November 4, 2020 to November 18, 2020, when the original copy of the payment order of this case was served on the defendant, 8% per annum, and 12% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the next day to the day of full payment.
2. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.