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1. The Plaintiff:
A. As to KRW 143,626,750 out of KRW 144,590,993 and the said money, Defendant A Co., Ltd. from June 30, 2017.
Reasons
1. Facts of recognition;
A. 1) The Plaintiff is an institution established under the Credit Guarantee Fund Act, and Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) established for the purpose of facilitating corporate financing by guaranteeing the debt of an enterprise which lacks security capability.
(1) In obtaining each loan from the Busan Bank, after entering into a credit guarantee agreement as follows, the letter of credit guarantee (hereinafter referred to as “each of the credit guarantees in this case”).
(1) On March 24, 2017, the amount of security deposit issued by the Defendant Company 1 G 1 G 90,000,000 won on the guarantee date of guarantee date of guarantee date, and the amount of security deposit issued by the Defendant Company 2 H 90,000,000 won on April 31, 2017, the Busan Bank 2H 90,000,000 won on general financing on April 31, 2014, the Defendant Company 2) jointly and severally guaranteed the Plaintiff’s repayment obligation under the credit guarantee agreement with the Defendant Company.
B. Under each of the credit guarantees of this case, the Defendant Company borrowed each of the following loans from the Busan Bank.
Serial Nos. 1 G 90,000,000 Busan Bank on April 24, 2014, 2014.2 H90,000,000,000 Busan Bank on April 1, 2014, Busan Bank on the loan date of the lending institution loan amount of KRW 1 G 90,000,000 on April 4, 2014.
C. On September 8, 2016, the Plaintiff’s subrogation company caused a credit guarantee accident due to bad faith, and the Plaintiff subrogated to the Busan Bank according to the claim for performance of guaranteed obligation by Busan Bank as follows.
The aggregate amount of principal and interest on the date of subrogation by the guaranty number 1 G 170,00,000 won 563,375,375 won 85,563,375 won 2H 2H 863,375 won 5,375 won 863,375 won 863,563,375 won 170,000 won 1,126,750 won 171,126,750 won 175 won on June 30, 2017
D. According to Article 10 of the Credit Guarantee Agreement drawn up between the Plaintiff and the Defendant for the remaining amount of subrogation and the fixed damages for delay, the Plaintiff’s performance of the guaranteed obligation shall be paid at the prescribed rate (10% per annum) for the amount of the obligation after the date of performance.