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1. The Defendant’s annual interest in KRW 489,325,913 and KRW 430,809,852 among the Plaintiff, from June 29, 2017 to July 6, 2017.
Reasons
1. Facts of recognition;
A. On March 27, 2013, the Plaintiff obtained a loan of KRW 500,00,000 from the Nonghyup Bank branch (hereinafter “B”) and entered into a credit guarantee agreement with the contents that guarantee the repayment of the principal and interest of loans to the said bank as KRW 425,00,000 (hereinafter “the instant credit guarantee agreement”). On the same day, the Defendant jointly and severally guaranteed the Plaintiff’s liability for indemnity to be borne by B pursuant to the credit guarantee agreement of this case.
B. B was unable to repay the above loan, the Plaintiff subrogated to the Nonghyup Bank for the principal amounting to KRW 430,809,852 (=interest of KRW 3,428,527 plus interest of KRW 1,537,380) on May 20, 2016, pursuant to the credit guarantee agreement of this case (i.e., KRW 425,00,000).
C. At the time of the instant credit guarantee agreement, B, when the Plaintiff performed the guaranteed obligation, agreed to reimburse the amount of performance, delay damages in accordance with the interest rate set by the Plaintiff, performance of guaranteed obligation, and expenses incurred in preserving and exercising the right to indemnity, and to pay additional guarantee fees.
The rate of delay damages under the credit guarantee agreement of this case shall be 12% per annum from the date of subrogation.
E. As of June 28, 2017, KRW 845,601, such as the fixed delay damages of KRW 57,362,626 for the amount of subrogation as of June 28, 2017, the legal procedure expenses (payment by subrogation) incurred to preserve the claim for reimbursement, and additional guarantee fees, were incurred.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 5, the purport of the whole pleadings
2. Determination
A. According to the above facts, as a joint and several surety under the credit guarantee agreement of this case, the Defendant: (i) KRW 489,325,913 (i.e., KRW 430,80,809,852; KRW 57,362,626; KRW 307,834; additional guarantee fees; KRW 845,601); and (ii) KRW 430,809,852, which is the following day of the above base date, from June 29, 2016 to July 6, 2017, the delivery date of the original copy of the payment order of this case.