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1. The Defendant’s KRW 193,264,944 and KRW 192,504,444 among the Plaintiff and the Plaintiff’s KRW 192,504,44, respectively, shall be from December 29, 2015 to February 4, 2016.
Reasons
1. Facts of recognition;
A. On December 30, 2013, B Co., Ltd. (hereinafter “Non-Party Company”) entered into a credit guarantee agreement with the Plaintiff on a corporate general loan that the Defendant is to receive from Korea Exchange Bank (hereinafter “Korea Exchange Bank”) as KRW 190,000,000 with the guaranteed principal, and until December 29, 2014 with the guarantee term (up to December 29, 2015, changed to the guarantee number C), and received a loan of KRW 200,000,000 from one bank around that time.
B. According to the above credit guarantee agreement, when the plaintiff performed the guaranteed obligation, the non-party company was to reimburse the plaintiff for the amount of the guaranteed obligation and the amount calculated by the rate and method of calculation as determined by the plaintiff from the date of the performance of the guaranteed obligation, expenses incurred in the performance of the guaranteed obligation, expenses incurred in the preservation, transfer, and exercise of the right acquired from the performance of the guaranteed obligation, expenses incurred in the execution, preservation
C. At the time of the above credit guarantee agreement, the Defendant, the representative director of the non-party company, guaranteed all debts owed by the non-party company to the Plaintiff according to the above credit guarantee agreement.
From August 21, 2015, Nonparty Company caused a credit guarantee accident where one bank did not pay the above loans. On December 29, 2015, the Plaintiff subrogated for KRW 192,504,444 to Han Bank based on the credit guarantee certificate.
E. Under the aforementioned credit guarantee agreement, the rate of damages for a claim for indemnity as determined by the Plaintiff is 12% per annum from December 29, 2015 to December, 2015, and the legal procedure expenses incurred by the Plaintiff for the enforcement and preservation of a claim for indemnity due to the said subrogation are 760,500 won.
【Reason for Recognition】 Each entry of Evidence Nos. 1 through 7, and the purport of the whole pleadings
2. According to the above facts of judgment and conclusion, the defendant is a joint and several surety of the above credit guarantee agreement.