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1. As to KRW 20,140,897 and KRW 20,140,868 among the Plaintiff, Defendant A shall be from June 21, 2016 to July 29, 2016.
Reasons
1. Basic facts
A. On January 20, 2014, Defendant A entered into a credit guarantee agreement on a loan agreement between Defendant A and the Daegu Bank (hereinafter “Tgu Bank”) with Nonparty Daegu Bank (hereinafter “Tgu Bank”) and KRW 20,000,000. The Plaintiff entered into a credit guarantee agreement with Defendant A to guarantee the amount to be loaned under the Regional Credit Guarantee Foundation Act on the 29th of the same month, and issued the following credit guarantee agreement to Daegu Bank.
- Sound - (A) Guarantee Number: Amount guaranteed under C (b): 20,000,000 won (c): January 20, 2019.
(1) After entering into a guarantee agreement within the scope of the guaranteed principal, the Plaintiff agreed to pay by subrogation the sum of the principal of the guaranteed loan, the amount of accrued interest under the interest rate to be applied in the event that the due date for the repayment of the guaranteed loan has not yet arrived until the guaranteed principal is discharged, and the expenses paid by the Daegu Bank to recover the guaranteed loan, as stipulated in the Plaintiff’s articles of incorporation and the operating manual.
(2) In the event that the Plaintiff performs the above guaranteed obligation, Defendant A agreed to pay, in addition to the amount of performance, damages according to the interest rate set by the Plaintiff’s articles of incorporation, expenses incurred in paying damages, and other expenses incurred in preserving, transferring, and exercising the Plaintiff’s rights after the date of performance. The rate of damages prescribed by the articles of incorporation of the Plaintiff Foundation is 12% per annum from August 1, 2013.
C. The scope of indemnity due to the Plaintiff’s subrogation and the occurrence of other claims may lead to the occurrence of a credit guarantee accident due to the registration of credit management information (including national taxes in arrears) on July 27, 2015, the Plaintiff subrogated to the Daegu Bank for KRW 20,231,038 in relation to the said agreement on June 21, 2016.
On June 21, 2016, the Plaintiff incurred partial recovery and final damages is subject to the above agreement from Defendant A.