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1. The Defendant’s annual interest in KRW 167,386,048 and KRW 167,173,458 among the Plaintiff, from April 10, 2017 to June 4, 2017.
Reasons
1. Basic facts
A. On February 25, 2014, the Plaintiff entered into a credit guarantee agreement (hereinafter “credit guarantee agreement”) with the Defendant, the representative of B, and issued a credit guarantee agreement (hereinafter “credit guarantee agreement”) with the content as above on the same day for the Defendant to guarantee the payment of the principal and interest of a loan from the Industrial Bank of Korea in order to secure the payment of the principal and interest of a loan.
Accordingly, the Defendant received a loan of KRW 100,000,000 from the Industrial Bank of Korea as security at around that time.
B. In addition, the Plaintiff and the Defendant, the representative of B on March 24, 2016, concluded a credit guarantee agreement with the content of the guarantee principal as of March 23, 2017, in order to guarantee the payment of the principal and interest of the loan, for the Defendant to obtain a loan from the Industrial Bank of Korea, and issued a credit guarantee agreement with the content of the credit guarantee agreement as of March 24, 2017 (hereinafter “instant credit guarantee agreement”).
Accordingly, the Defendant received a loan of KRW 120,000,000 from the Industrial Bank of Korea as security at around that time.
C. Upon the occurrence of a credit guarantee accident due to the Defendant’s nonperformance, the Plaintiff subrogated the Bank for a total of KRW 167,173,458 on April 10, 2017, based on the respective credit guarantee agreements in the instant case.
(c).
Meanwhile, until April 9, 2017, penalty for delay occurred in KRW 212,590, and the rate of delay damages from February 1, 2016 determined by the Plaintiff is 10% per annum.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. According to the facts of the determination as to the cause of the claim, the Defendant shall pay to the Plaintiff the amount of KRW 167,386,048 (=the amount of subrogated payment of KRW 167,173,458) and the amount of subrogated payment of KRW 167,173,458, which is the date of subrogated payment of KRW 167,173,458, which is the date of service of the original copy of the instant payment order from April 10, 2017 to June 4, 2017, the agreed interest rate of KRW 10 per annum and the next day shall be fully paid.