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1. The defendant shall pay to the plaintiff KRW 146,272,914 as well as KRW 145,127,797 among them, from November 18, 2019 to the date of full payment.
Reasons
① The Defendant entered into a credit guarantee agreement with the Plaintiff on October 27, 201, the guaranteed amount of KRW 170 million (hereinafter “the credit guarantee agreement in this case”). On November 1, 201, the Defendant borrowed KRW 200 million from C association. ② Upon the Defendant’s delinquency in paying the principal and interest of the loans stated in the above paragraph, the Plaintiff subrogated to C association on October 25, 201, KRW 146,504 under the credit guarantee agreement in this case (i) KRW 146,504,564 (i.e., the principal and interest of the loans amount of KRW 140,250,00) (i.e., interest amount of KRW 140,250,000). ③ The Plaintiff’s indemnity based on the credit guarantee agreement in this case is either KRW 146,272,914 (i.e., the principal and interest of KRW 145,279,797, Jan. 14, 2017).
According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 12% per annum from November 18, 2019 to the date of full payment of the principal and interest on indemnity based on the credit guarantee agreement of this case and the principal of indemnity of 145,127,797 won.
Therefore, the plaintiff's claim against the defendant of this case is reasonable, and it is so decided as per Disposition with the assent of all participating Justices.