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1. As to KRW 16,785,427 and KRW 15,952,641 among the Plaintiff, Defendant A shall be from November 19, 2015 to May 23, 2016.
Reasons
1. Claim against the defendant A;
A. The facts following the facts do not conflict between the plaintiff and the defendant A, or may be found in full view of the statements in Gap evidence 1 to 6.
1) On October 23, 2013, the Plaintiff entered into a credit guarantee agreement with Defendant A and Hana Bank, setting the principal of the credit guarantee at KRW 20,00,000,00 for the Plaintiff. In the event of the said agreement, the Plaintiff and Defendant A agreed to reimburse the Plaintiff for the expenses incurred by the Plaintiff (the “credit guarantee agreement of this case”) in order to compensate the Plaintiff for the amount of subrogated payment and the amount of damages for delay calculated by the rate determined by the Plaintiff from the date of subrogation to the date of full payment, ② to compensate for the rights acquired by the Plaintiff as a result of the performance of the guaranteed obligation, and to reimburse expenses incurred
(2) Defendant A submitted a credit guarantee statement issued by the Plaintiff pursuant to the instant credit guarantee agreement to one bank, and borrowed money from the said bank on October 23, 2013.
3) As Defendant A delayed repayment of the principal and interest of Han Bank on August 25, 2015, the Plaintiff paid KRW 16,183,891 to Han Bank on November 19, 2015 based on the instant credit guarantee agreement, and recovered KRW 231,250 on the same day. 4) The Plaintiff spent KRW 832,786 at the cost of preserving the right to indemnity against Defendant A due to such subrogation.
5) The rate of delay damages determined by the Plaintiff is 12% per annum on and after November 19, 2015, which is the date of payment by subrogation. (B) According to the facts of recognition as above, the Defendant A, as stipulated in the credit guarantee agreement of this case, shall pay the Plaintiff the amount of 15,952,641 won in subrogation (16,183,891 won in subrogation), 231,250 won in subrogation, 832,786 won in total, and 16,785,427 won in subrogation, and 15,952,641 won in subrogation, which is the date of payment by subrogation, from November 19, 2015, to May 23, 2016, the date of delivery of a copy of the complaint of this case.