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1. The Defendant’s KRW 203,332,467 among the Plaintiff and KRW 202,919,037 among the Plaintiff, shall be from May 29, 2019 to June 12, 2019.
Reasons
1. Facts of recognition;
A. The Plaintiff guaranteed the Defendant’s obligation by concluding a housing finance credit guarantee agreement on the following conditions in relation to the Defendant’s receipt of a loan twice from Company B:
(hereinafterhereinafter referred to as the “instant guarantee agreement”). The first guarantee agreement number: C, the date of guarantee: March 2, 2010; the period of guarantee: March 2, 2010; from March 2 to November 30, 2013; the guarantee amount: 164,300,000 won: D, date of guarantee: December 2, 2011; and the period of guarantee: December 31, 2012 to December 31, 2011; the guarantee amount:32,860,00 won;
B. Based on the credit guarantee certificate issued by the Plaintiff, the Defendant respectively loaned KRW 164,30,000,000 from Company B and KRW 32,860,00 on December 2, 2011.
C. Since then, upon the Defendant’s loss of the benefit of time, the Plaintiff repaid KRW 202,919,037 on May 28, 2019 [the principal amounted to KRW 169,237,223 [the principal amounted to KRW 164,30,000 for KRW 4,109,070 for KRW 828,153) based on the secondary guarantee [the principal amount was KRW 33,681,814 for KRW 32,860,00 for KRW 821,814]; and
Meanwhile, according to the credit guarantee agreement made between the plaintiff and the defendant, when the plaintiff performed the above guaranteed obligation, the plaintiff agreed to pay the amount of subrogation and damages for delay at the rate determined by the plaintiff based on the Korea Housing Finance Corporation Ordinance. The rate of damages determined by the plaintiff is 8% per annum from September 1, 2015 both the first and second guarantees.
E. In addition, when a person who has received a credit guarantee under the Korea Housing Finance Corporation Ordinance fails to perform his/her guarantee obligation by the due date and is not released from his/her liability for performance of the guaranteed obligation, the Plaintiff may collect additional guarantee fees for the amount not paid out of the amount guaranteed by the person who received the credit guarantee, as prescribed by Presidential Decree. As to each guarantee balance of the above first and second guarantees.