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1. The Defendant’s annual interest in KRW 19,326,179 and KRW 9,435,982, among the Plaintiff, from July 15, 2015 to December 23, 2015.
Reasons
1. Determination as to the cause of claim
A. The Plaintiff entered into a credit guarantee contract with the network B three times (i.e., the guaranteed amount of KRW 7.2 million as of May 2, 2001, ② the guaranteed amount of KRW 25 million as of September 18, 2002, ③ the network C jointly and severally guaranteed the above credit guarantee contract. (ii) The Plaintiff jointly and severally guaranteed the credit guarantee contract with the NAC branch on November 23, 2007, under each credit guarantee contract as of November 26, 2007, 25, 479, 14, 119,284 won as of December 19, 208, 47, 1924, 47,17,179 won as of December 19, 2008, 2017; and (iii) the average guarantee fee of KRW 1348,315,205,205.315,2015.
3) Meanwhile, as of November 22, 2009, the network B died as of September 17, 2006, and the network C died as of September 17, 2006, and its bereaved family members were voluntarily adjusted between the Defendant and the Plaintiff, who is his/her children, as of January 28, 2016. There is no dispute. [Grounds for recognition], Gap evidence 1 through 5 (each entry, including the serial number, and the purport of the entire pleadings).
B. According to the above findings of determination, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff 19,326,179 won [1/5] [47,179,912 won 49,354,03 won 39,833 won 39,838 won 57,112] and 9,435,982 won (i.e., subrogated payment 47,179,912 won x 1/5) from July 15, 2015 to December 23, 2015 when the copy of the complaint of this case was delivered to the Defendant, 12% per annum, which is the rate of delay damages, and 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.
However, as the provisions on statutory interest rate under the main sentence of Article 3 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings were promulgated on September 25, 2015 and enforced on October 1, 2015, the part that only the damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from December 24, 2015 to the full payment date, is rejected.
2. Judgment on the defendant's defense
(a)a defense;