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1. As to KRW 7,530,012 and KRW 7,022,271 among the Plaintiff, Defendant A’s year from July 21, 2014 to March 10, 2015.
Reasons
1. Facts of recognition;
A. On June 16, 2009, the Plaintiff and Defendant A entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with the Defendant’s guarantee amount of KRW 10,000,000 and the guarantee period until June 16, 2014 regarding the obligation to be loaned from the Nonghyup Bank (hereinafter “NF Bank”).
B. In the instant credit guarantee contract, Defendant A paid the Plaintiff the amount of subrogation and the overdue interest rate determined by the Plaintiff from the date of subrogation to December 1, 2010 (it refers to 17% per annum from December 30, 1996 to December 1, 2010, and 14% per annum from December 2, 2010) when the Plaintiff subrogated to the non-party bank due to the failure to repay the obligation of the said loan to the non-party bank, Defendant A paid the Plaintiff additional guarantee fees calculated by adding a certain percentage of the last applicable guarantee fee rate from the date following the date of payment of the guarantee fee to the date following the date of termination of the guarantee fee, and the expenses incurred by the Plaintiff for securing
C. Defendant A provided a credit guarantee certificate issued under the instant credit guarantee contract as collateral and lost the benefit of time due to delayed payment of principal for loans from Nonparty A bank from June 17, 2014.
Accordingly, the non-party bank requested the Plaintiff to pay the deposit by notifying the Plaintiff of the above credit guarantee accident, and on July 21, 2014, the Plaintiff subrogated to the non-party bank KRW 10,008,301 in accordance with the instant credit guarantee contract.
E. The balance of the expenses incurred by the Plaintiff in collecting the above claims is KRW 345,748, and the fees for attempted guarantee to be borne by the Defendant A under the credit guarantee contract of this case are KRW 150,540,000. In addition, the Plaintiff recovered KRW 2,968,030 out of the above subrogated amount, and damages for delay from the subrogated date to the recovery date is KRW 11,453.
F. Meanwhile, the defendant A is the only property in excess of his/her obligation.