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1. As to KRW 60,752,094 and KRW 60,746,667 among the Plaintiff, Defendant A’s year from January 19, 2016 to January 31, 2016.
Reasons
1. On April 29, 2016, the Plaintiff issued a credit guarantee certificate to the new bank on April 30, 2014, F 180,000,000 general financing loans of F 180,000,000, and received a loan equivalent to the same amount from the new bank (hereinafter “new bank”) by issuing the credit guarantee certificate as follows, which is the representative of D (Death July 6, 2015). As such, the Plaintiff guaranteed the obligation to repay the principal and interest payable to the new bank by the network E on the basis of the credit guarantee certificate (hereinafter “new bank”), and the network E obtained a loan from the new bank.
The plaintiff's credit guarantee was concluded between the plaintiff and the deceased E by the following credit guarantee agreements:
In the event that the Plaintiff performed the guaranteed obligation by receiving a claim for the discharge of the guaranteed obligation from a new bank due to a default (including loss of profit of the due date) of the principal obligation (including the repayment period of installment) within the due date of the principal obligation of the network E (including the repayment period of installment repayment), the amount of the guaranteed obligation and the amount of the repayment of the guaranteed obligation, and the amount of the guarantee fee, administrative fine, penalty, penalty, damages, substitute payment, etc. arising from the credit guarantee agreement and the guarantee fee, penalty, damages, etc
On January 12, 2016, when a credit guarantee accident occurred, the Plaintiff paid to a new bank the guaranteed obligation of KRW 180,264,710 on January 19, 2016 upon the request for the performance of the guaranteed obligation by the new bank.
The amount of 38,522,486 out of the amount of subrogation was recovered, and 12,664 won was determined based on the date of subrogation from the date of recovery to the date of recovery, and 141,742,224 won was left.
The plaintiff's interest rate for delay is 12% per annum from the date of subrogation until January 31, 2016 and 10% per annum from the next day.
The net E shall provide the Plaintiff with the instant complaint from January 19, 2016 (the date of subrogation) to January 31, 2016, and from February 1, 2016 to January 31, 2016, with respect to KRW 12,664 (a fixed amount of reimbursement) and KRW 141,742,224 (a fixed amount of reimbursement by subrogation).