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1. The Defendant’s KRW 65,079,801 and KRW 32,415,839 from February 23, 2016 to March 7, 2016 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On February 28, 2002, 11,800,000 won in loans to financial institutions as of the date of loan guarantee period of February 28, 2002, 11,80,000 won in the guarantee period of the guarantee period of the financial institution as of the date of credit guarantee contract, the Defendant entered into a credit guarantee contract with the Plaintiff on June 25, 2003, No. 8,200,000 won in the loan amount of the No. 8,200,000 won in the aggregate as of June 25, 2003, 30,000 won in the loan amount of the No. 9,00,000 won in June 28, 2003 (hereinafter referred to as “No. 10,000,000 won in the No. 1840, May 29, 2004”) and the Defendant entered the credit guarantee contract with the Plaintiff as of June 29, 20004.
(2) The Defendant was granted a loan based on each of the above credit guarantee agreements (hereinafter “instant loan”).
(2) According to the instant credit guarantee contract, the Plaintiff may exercise a prior right to indemnity. ② In the event that the Plaintiff performed the guaranteed obligation, the principal guarantor shall reimburse the amount of performance and the amount of performance at the rate determined by the Plaintiff (hereinafter “damage”) and all expenses incurred in preserving and exercising the rights acquired through the discharge of the Plaintiff’s guaranteed obligation (hereinafter “expenses, etc.”). The amount of damages determined by the Plaintiff is 12% per annum from December 17, 2012.
B. The defendant, around March 2004 and around June 2004, did not pay interest, etc. on the loan of this case. The plaintiff filed an application against the defendant for payment order as Jinwon District Court Jinju Branch Branch by exercising the right of prior reimbursement under the credit guarantee contract of this case, and on March 6, 2006, the payment order was issued to the plaintiff on March 6, 2006 that "4,710,167 won and damages for delay shall be paid to the plaintiff." The above payment order was served on March 8, 2006 and confirmed on March 23, 2006.
The payment order of this case is called ‘the payment order of this case'.
C. The Plaintiff’s subrogation financial institution.