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1. The Defendant shall pay to the Plaintiff KRW 63,49,110 as well as KRW 25,321,39 as to the Plaintiff from August 23, 2016 to the day of full payment.
Reasons
1. Basic facts
A. On December 21, 2002, the Plaintiff entered into a credit guarantee agreement with the Defendant for the guarantee period of KRW 30,000,000 as guaranteed amount, and from December 21, 2002 to December 20, 2003, the Plaintiff paid by the Defendant for the Plaintiff the amount of the loan from a financial institution based on the said credit guarantee agreement. If the Plaintiff pays the Plaintiff by subrogation, the Defendant paid the amount by subrogation to the Plaintiff and the amount of the loan by subrogation within the limit of 25% per annum per annum from the date of subrogation to the date of full payment, the Defendant paid the unpaid guarantee fee at the rate of 0.5% per annum from the date following the expiry date of guarantee period or from the date of subrogated payment or due date from the date of discharge of the interest on the guarantee period to the date of discharge of the guarantee obligation, the remainder of the guarantee loan at the rate of 0.2% per annum from the date of next installment payment to the date of lapse of guarantee fee or the date of loss of interest on the guarantee fee per annum.
B. On December 21, 2002, the Defendant received a loan of 30,000,000 won based on a credit guarantee letter received from the Plaintiff. On November 17, 2005, the Plaintiff paid 25,321,39 won for the principal and interest of the loan to the Seongdong-do Cooperatives on November 17, 2005.
C. The amount of the Plaintiff’s liability for indemnity as of August 22, 2016 is as follows:
[Grounds for recognition] Gap evidence Nos. 1 to 5, the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 12% per annum, which is the agreed interest rate of KRW 63,49,110 and KRW 25,321,39 among them, from August 23, 2016 to the date of full payment.
3. The defendant's assertion is asserted that the ten-year extinctive prescription of the plaintiff's claim for reimbursement has expired. Thus, according to the evidence No. 6, the plaintiff's claim for reimbursement was examined on November 17, 2005.