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1. As to the Plaintiff KRW 301,411,749 and KRW 130,021,98 among them, the Defendant shall pay to the Plaintiff KRW 171,367,198 from October 2, 2018.
Reasons
1. Facts of recognition;
A. The Plaintiff is a special corporation established under the Korea Technology Finance Corporation Act for the purpose of financial support for small and medium enterprises, and the Defendant has operated the business in the trade name “B”.
B. The Plaintiff entered into a credit guarantee agreement that guarantees the Defendant’s obligation to repay the principal and interest to be paid by receiving business funds from the lending institution, and the occurrence of a credit guarantee accident under which the Defendant delayed the principal and interest of loan, the Plaintiff paid the Plaintiff a total of KRW 303,060,186 (= KRW 173,038,188) to the lending institution, and collected KRW 1,670,990 out of the subrogated amount of KRW 173,038,188 around August 14, 2018.
Guarantee and details of subrogation shall be the amount (unit: original: unit) as of the date of payment by subrogation (unit) of the date of payment by subrogation (unit: original: 127,500,000 (C) on June 15, 2012; 130,021,00 (C) on June 7, 2019, the Industrial Bank of Korea of 169,150,000 (D) on August 19, 2014 on August 17, 2018; 206,650,003,030,0603,060,060,08 E Bank (F Bank) on August 17, 2018.
C. The rate of damages for delay under the above credit guarantee agreement is 10% per annum and the damages for delay shall be 22,553 won until recovered from the recovered 1,670,990 won.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. According to the facts of the determination as to the cause of the claim, the Defendant: (a) as to the Plaintiff’s total amount of KRW 301,411,749 (amount of KRW 303,060,186; KRW 1,670,990 recovered; KRW 22,53) and the amount of KRW 130,021,998 out of that amount, 171,367,198 (amount of KRW 173,038,188; KRW 1,670,90), which is the date of subrogation, until November 8, 2018, the statutory interest rate of KRW 10% per annum, which is the date of subrogation, from August 14, 2018 to November 19, 2018; and (b) from November 19, 2018 to May 19, 2018, the former provision concerning the promotion, etc. of litigation.