beta
Text
1. The Defendant’s annual interest in KRW 87,108,527 and KRW 86,77,37 among the Plaintiff, from September 15, 2014 to October 15, 2014.
Reasons
1. Facts of recognition;
A. As the Defendant received a loan of KRW 100,000,000 from the Industrial Bank of Korea on July 3, 2008, the Plaintiff provided a credit guarantee for the guarantee period up to June 29, 2009, with the amount of KRW 85,00,000, which is equivalent to 85% of the above loan amount, as the guaranteed amount, and the guarantee period up to June 29, 2009.
The above guarantee term has been changed gradually each year, and the final guarantee term has become the end of June 27, 2014.
B. Thereafter, around July 7, 2014, the Industrial Bank of Korea notified the Plaintiff, a credit guarantee company, the Defendant’s credit guarantee company, of the occurrence of the credit guarantee accident. On September 15, 2014, the Plaintiff subrogated to the Industrial Bank of Korea the total of KRW 85,00,000, interest KRW 1,777,377, and KRW 86,77,377.
C. Under a credit guarantee agreement between the Plaintiff and the Defendant, the delayed interest rate of 12% per annum from the date of performance of the Plaintiff’s guaranteed obligation is applied. On the other hand, the additional guarantee fee for the period from June 28, 2014 to September 14, 2014, which is the day following the expiration date of the above guarantee term, is KRW 331,150.
[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-2, Gap evidence 3-1, 2-2, Gap evidence 5 and 6-6, the purport of the whole pleadings
2. According to the above facts of determination, the Defendant is obligated to pay the Plaintiff the indemnity amount of KRW 87,108,527 (the additional guarantee fee of KRW 86,77,377 and KRW 331,150 of the subrogated amount of KRW 86,77,377 of the subrogated amount) and the delay interest rate of KRW 12% per annum from September 15, 2014 to October 15, 2014, which is clear in the record that the delivery date of a duplicate of the complaint in this case is the delivery date of the copy of the complaint in this case; KRW 20% per annum from the following day to September 30, 2015; and KRW 15% per annum from the next day to the date of full payment (Presidential Decree No. 2653, Oct. 15, 2015) (the interest rate of delay is calculated based on Article 2(2) of the Addenda of Article 3(1) of the Act on Promotion, etc. of Lawsuit).
3. Thus, the plaintiff's conclusion is that of this case.