1. As to KRW 281,013,89 and KRW 281,013,53 of the Plaintiff’s total amount, the Defendant shall be annually from December 29, 2016 to June 1, 2017.

Facts of recognition

On June 26, 2013, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with the Defendant as of June 24, 2014, setting the guaranteed amount of KRW 296,000,000, and the term of guarantee as of June 24, 2014. On the same day, the Defendant borrowed KRW 370,000 from the National Bank (hereinafter “National Bank”) under the instant credit guarantee agreement.

Article 10 of the Credit Guarantee Agreement provides, “When the Plaintiff has discharged the guaranteed obligation, the Defendant shall immediately pay the amount of the guaranteed obligation, and ② the amount of damages calculated by multiplying that amount by the rate determined by the Plaintiff from the date of the performance of the guaranteed obligation to the date of repayment (10% per annum from February 1, 2016 to the date of repayment).”

The coverage amount and guarantee term of the instant credit guarantee agreement were finally changed to 277,200,000 won and the guarantee term was changed to June 23, 2017 through three changes.

On December 29, 2016, the Plaintiff paid the principal amount of KRW 282,350,163 (i.e., principal amount of KRW 277,200,150,163) to a national bank, and collected KRW 1,336,630 on the same day. The amount of final damages for collection is KRW 366 (i.e., KRW 1,336,630 x 10% x 10% x 365 days).

[Ground for recognition] In light of facts without dispute, Gap evidence Nos. 1 through 5, and the purport of the whole pleadings, the defendant is obligated to pay to the plaintiff 281,013,89 won [281,013,013,533 won [282,350,163 won - 1,336,630 won], and damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment] of which a copy of the complaint No. 281,013,533 won was delivered to the plaintiff from December 29, 2016 to June 1, 2017, the delivery date of a copy of the complaint of this case.

The plaintiff's claim for conclusion is reasonable, and it is so decided as per Disposition.