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1. As to KRW 22,653,670 among the Plaintiff and KRW 219,943,950 among them, the Defendant shall start from December 7, 2018 to February 11, 2019.
Reasons
Facts of recognition
A. On June 20, 2018, the Plaintiff entered into an export credit guarantee agreement (hereinafter “instant credit guarantee agreement”) with a small and medium business company B (hereinafter “B”) and B (hereinafter “C”) on the guarantee of trade finance obligations with respect to the small and medium business company B (hereinafter “C”), and the Defendant guaranteed B’s debt to the Plaintiff on the same day.
B. On June 21, 2018, the Plaintiff issued to B an export credit guarantee certificate of KRW 224,100,000, guarantee period from June 26, 2015 to December 21, 2018, and B obtained a loan from C as security.
C. On October 11, 2018, C notified the Plaintiff of an accident that he/she delayed interest on the above loan on August 31, 2018, and on December 6, 2018, the Plaintiff subrogated for KRW 219,943,950 in total to C in accordance with the credit guarantee agreement of this case, and paid KRW 2,709,720 in total as the cost of preserving the claim.
The credit guarantee agreement of this case sets forth the repayment due to subrogation as follows.
Article 8 (Reimbursement of Guarantee Obligations, etc.) (1) When the Corporation performs a guaranteed obligation, the principal and the guarantor shall repay the following amounts to the Corporation in accordance with the methods determined by the Corporation:
1. Amount of discharge of guaranteed liabilities (the principal and agreed interest of a credit guarantee side loan);
2. The overdue interest rate prescribed by the Corporation (amended by January 6, 2017) shall be 10% per annum for small and medium enterprises, 11% per annum for middle-standing enterprises, and for large enterprises, the overdue interest rate applicable to the calculation of overdue interest rate prescribed by the Corporation on the date from the day following the day on which the Corporation determines to pay the amount under paragraph (1) to the day on which the Corporation pays the amount from the day following the day on which the Corporation pays the amount to the day on which the Corporation pays the amount.