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1. The Defendant’s KRW 68,788,770 and KRW 28,790,480 among the Plaintiff and the Plaintiff’s KRW 12% per annum from May 10, 2016 to May 13, 2016.
Reasons
1. Determination as to the cause of claim
A. In full view of the purport of the arguments in Gap evidence No. 1, Gap evidence No. 3, Gap evidence No. 4, and Eul evidence No. 6, the plaintiff entered into a credit guarantee contract with the defendant as shown in the table No. 1 below, and made a subrogation as listed in the table No. 2 below, based on the above credit guarantee contract, and it is recognized that the amount of the claim for indemnity of this case as of May 9, 2016 as of the above subrogation was as listed in the table No. 3 below.
Table A B of Table 1
B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the amount of KRW 68,788,770 and the amount of KRW 28,790,480 from May 10, 2016, which is the following day to May 13, 2016, the service date of the original copy of the instant payment order, 12% per annum from May 13, 2016, and 15% per annum from the following day to the date of full payment.
2. Judgment on the defendant's assertion
A. As the Plaintiff’s credit guarantee duty falls under commercial activities for profit-making purposes under the Commercial Act, the extinctive prescription of the claim for indemnity of this case is applicable to five years as stipulated in Article 64 of the Commercial Act, and thus, the extinctive prescription of the claim for indemnity of this case has expired.
B. According to the judgment, commercial activity refers to an act under any of the subparagraphs of Article 46 of the Commercial Act for profit-making purposes or an act conducted by a merchant for business purposes. The merchant refers to a person who engages in commercial activity in his/her own name. Thus, in order to establish a claim for indemnity of this case as a commercial claim, the above credit guarantee of the plaintiff is an act under any of subparagraphs of Article 46 of the Commercial Act for profit-making purposes or the plaintiff
However, the above credit guarantee provided by the plaintiff is in accordance with the Act on the Credit Guarantee for Farmers and Fishermen for the purpose of facilitating farming by guaranteeing debts when the defendant, who is a farmer who lacks security capability, is receiving a loan of agricultural funds.