beta
Text
1. As to KRW 46,381,455 and KRW 45,959,828 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from December 5, 2013 to January 28, 2015.
Reasons
1. Determination as to the cause of claim
A. The facts of recognition 1) The Defendant is a credit guarantee agreement between the Plaintiff and the Plaintiff on May 26, 2010 under which B obtained a loan of KRW 50,000,000 (loans for enterprise driving loans): the guarantee amount of KRW 50,000,000; and the guarantee period of KRW 50,000 between May 26, 2010 and May 25, 2015 (hereinafter “instant credit guarantee agreement”).
(2) According to the credit guarantee agreement of this case, if the plaintiff performed a credit guarantee obligation for B, the defendant, who is the principal debtor, shall pay to the plaintiff the amount of the performance of the guaranteed obligation and the amount of the guaranteed obligation multiplied by the rate determined by the plaintiff from the date of performance of the guaranteed obligation until the date of repayment of the guaranteed obligation, the expenses incurred in the performance of the guaranteed obligation, the preservation of the right acquired by the performance of the guaranteed obligation, and the expenses incurred in the transfer and exercise of the obligation.
Meanwhile, the rate of delay damages determined by the Plaintiff is 12% per annum from December 1, 2012 to the date.
3) Upon the occurrence of a credit guarantee accident against B on September 3, 2013, the Plaintiff subrogated to the Bank for KRW 46,011,648 on December 5, 2013 (i.e., principal KRW 45,00,00,000) (i.e., principal KRW 1,01,648). Meanwhile, on December 5, 2013, the Plaintiff recovered KRW 51,820 out of the amount of subrogated payment from B on December 5, 2013, and collected the amount of KRW 45,959,828, and the amount of subrogated payment was KRW 17 won (=51,820 x 1/365 x 12% a year x 12% a year x 465 x 12% a year x 12 14,201, 14.6.14, 2014).
[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 6, purport of whole pleadings]
B. According to the above facts of recognition, the defendant is a joint and several surety under the credit guarantee agreement of this case unless there are special circumstances.