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1. As to KRW 302,917,983 and KRW 300,387,287 among the Plaintiff, the Defendant shall start from October 20, 2017 to February 15, 2019.
Reasons
1. Facts of recognition;
A. On August 11, 2016, the Plaintiff entered into a guarantee agreement between the Defendant and C Bank (hereinafter “instant guarantee agreement”) with respect to the obligation to repay the principal and interest of loan to be borne by the Defendant in receiving a general loan from C Bank (Haan Military Branch), and then issued a guarantee agreement with the C Bank as of August 9, 2019 (hereinafter “instant guarantee agreement”).
B. The Defendant, based on the letter of guarantee issued by the Plaintiff, received a loan from the C Bank, and caused a guarantee accident without paying the loan. On October 20, 2017, the Plaintiff subrogated the C Bank to pay for the principal amounting to KRW 300,387,287 (= Principal amounting to KRW 300,000,000) upon the request for performance of guaranteed obligation by the C Bank.
C. According to the Korea Technology Finance Corporation Act and the Guarantee Agreement, the Plaintiff’s damages for delay at 10% (the prescribed interest rate set by the Plaintiff) per annum from the Defendant to the date of full payment of the guaranteed obligation, the legal procedure costs incurred by the Plaintiff for the enforcement or preservation of the claim for reimbursement, and the additional guarantee fees in accordance with the rate and calculation method set by the Plaintiff. At present, the legal procedure costs incurred by the Plaintiff are KRW 1,623,306, and the additional guarantee fees are KRW 907,390.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including each number in the case of additional number), the purport of the whole pleadings
2. Determination
A. 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 302,917,983 (i.e., KRW 300,387,287 additional guarantee fees of KRW 1,623,306), and the amount of subrogated KRW 300,387,287, which is the date of subrogation, to the Plaintiff from October 20, 2017 to December 26, 2018, which is the last copy of the application form for change of the purport of the claim and the cause of the claim, until February 15, 2019, the agreed delay damages rate of KRW 10% per annum, which is the date of service of the last copy of the application form for change of the claim.