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1. The Defendant’s KRW 634,413,552 among the Plaintiff and KRW 632,496,023 among the Plaintiff, shall be from October 7, 2015 to January 31, 2016.
Reasons
1. Facts of recognition;
A. On May 30, 2014, the Plaintiff entered into a credit guarantee agreement with the Defendant on May 30, 2014, on the following terms: (i) the guaranteed amount of KRW 315,000,000; (ii) the guaranteed amount of KRW 90,000,000; and (iii) the guaranteed amount of KRW 270,000,000; and (iii) the guaranteed amount of KRW 270,00,000,000; and (iv) the guaranteed amount of KRW 270,00,000,000 and May 29, 2015 (which was extended on May 27, 2016).
B. Upon the commencement of rehabilitation procedures for Company B, a credit guarantee accident occurred around September 23, 2015, and the Plaintiff subrogated to the Han Bank on October 7, 2015 (i) KRW 316,102,223 under the said credit guarantee contract; ② KRW 80,429,597 under the said credit guarantee contract; and ③ KRW 241,23,823 under the credit guarantee contract.
Since then, the plaintiff recovered KRW 5,269,620, and the amount of subrogation is KRW 632,496,023.
C. At the time of entering into a credit guarantee contract, the Plaintiff and the Defendant paid legal procedure costs, etc., and paid damages for delay on behalf of the Plaintiff at a rate prescribed by the Plaintiff. Legal procedure costs are KRW 1,915,797. The Plaintiff’s interest rate for delay is 12% per annum from December 1, 2012 to January 31, 2016, and 10% per annum from February 1, 2016, and the amount determined until the date of collection for KRW 5,269,620 is KRW 1,732.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 5 (including paper numbers), the purport of the whole pleadings
2. According to the facts of determination as above, the Defendant: (i) KRW 634,413,552 for the Plaintiff (i.e., KRW 632,496,023 for legal procedure expenses of KRW 1,915,797 for subrogated amount of KRW 1,732 for the amount of KRW 632,496,02 for the amount of subrogated amount of KRW 632,496,02 for the amount of subrogated amount of KRW 632,49,02 for the period from October 7, 2015 to January 31, 2016, the agreed delay rate of KRW 12% for the period from February 1, 2016 to July 21, 2016, which is the delivery date of a copy of the complaint of this case.