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1. The Defendant’s annual interest in KRW 206,522,029 and KRW 205,540,059 among the Plaintiff, from August 21, 2019 to January 4, 2020.
Reasons
1. Facts of recognition;
A. On June 18, 2014, the Defendant entered into an agreement on credit guarantee between the Plaintiff and the Plaintiff on the amount of KRW 300,00,000 for a general loan of KRW 300,000 from B Co., Ltd. (hereinafter referred to as “B bank”), with the guarantee payment amount of KRW 255,00,000 (204,000 as of June 11, 2018 after the change in the amount thereafter) and the guarantee payment period of June 17, 2015 (the extension from this date to June 14, 2019). However, when the Plaintiff fulfilled the guarantee obligation, each credit guarantee agreement was concluded to pay the amount by subrogation and its late payment according to the rate determined by the Plaintiff from the date of performance to the date of full payment of the guaranteed obligation, such as penalty, damages for delay, insurance premium paid by subrogation, expenses for legal procedure, etc.
(hereinafter “instant credit guarantee agreement”). (b)
Under the instant credit guarantee agreement, the Defendant caused a guarantee accident where a loan was made by B Bank and the Plaintiff was unable to repay the loan, and on August 21, 2019, the Plaintiff subrogated the B Bank to pay the total amount of the Defendant’s loan obligations to B Bank under the instant credit guarantee agreement, 205,540,059.
C. As of August 21, 2019, the date of subrogation, the Defendant bears the Plaintiff’s obligation of indemnity amounting to KRW 206,52,029, totaling KRW 205,540,059, totaling the amount of subrogated payment, KRW 674,030, totaling the penalty, KRW 307,940 (amounting to KRW 431,150 - recovered amount 123,210), and the agreed rate under the credit guarantee agreement in this case is 8% per annum from April 1, 2019 to that date.
[Reasons for Recognition] Each entry of Gap's evidence Nos. 1 and 4, the purport of the whole pleadings
2. According to the facts of recognition as above, the defendant is obligated to pay to the plaintiff 206,522,029 won as of August 21, 2019 and the total amount of subrogated payment of KRW 205,540,059, which is the date of subrogation, 8% per annum according to the agreed rate from August 21, 2019 to January 4, 2020, which is the date of service of the payment order in this case, and 12% per annum from the next day to the date of full payment.
The defendant.