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1. The Defendant’s annual amount of KRW 1,300,722,817 and KRW 1,300,720,563 among the Plaintiff’s annual amount of KRW 1,30,720,563 shall be from May 18, 2016 to June 10, 2016.
Reasons
1. The following facts do not conflict between the parties:
On December 10, 2014, B Co., Ltd. (hereinafter “Nonindicted Company”) entered into a credit guarantee agreement with the Plaintiff and the credit guarantee principal amounting to KRW 450 million, KRW 850 million, and KRW 850 million, respectively, on December 10, 2015, with the term of the credit guarantee, and with the purport that the Plaintiff would provide the credit guarantee for the principal obligation borne by the Nonparty Company. On the same day, the Defendant guaranteed the Plaintiff’s debt to the Plaintiff under the respective credit guarantee agreement (hereinafter “each credit guarantee agreement”).
B. According to each credit guarantee agreement of this case, when the plaintiff performed the guarantee obligation, the non-party company, the principal debtor, jointly and severally with the defendant, the joint and several surety, and the plaintiff, ① the amount paid by the plaintiff for the performance of the guarantee obligation, ② damages for delay based on the damages rate set by the plaintiff, ② additional guarantee fees according to the ratio calculated by adding the annual rate set by the plaintiff to the rate set by the rate set by the guarantee fee rate applied from the day following the date when the guarantee fee for the terminated principal is due until the day before the date when the payment was made. ③ The plaintiff
C. On May 18, 2016, the non-party company submitted a guarantee issued by the Plaintiff under each credit guarantee agreement of this case, and received a loan from our bank, but did not repay the loan. On behalf of the non-party company, the Plaintiff repaid the loan amount of KRW 1,308,950,653 to our bank.
The amount of the subrogated payment that the Plaintiff failed to recover is KRW 1,300,720,563, and the amount of damages determined according to each credit guarantee agreement of this case is KRW 2,254.
2. According to the above facts of determination, the Defendant shall pay the Plaintiff the total amount of KRW 1,300,722,817 by subrogation in accordance with each credit guarantee agreement of this case.