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1. The Defendant’s annual interest in KRW 130,984,706 and KRW 40,151,989 among the Plaintiff, from January 6, 2017 to January 24, 2017.
Reasons
1. Basic facts
A. On June 16, 200, the Plaintiff entered into a credit guarantee agreement between the Defendant and the Defendant with the guarantee period of KRW 10,000,000, the guarantee period of KRW 16,600 from June 16, 200 to June 16, 2001, ② a credit guarantee agreement with the guarantee period of KRW 25,00,000, and the guarantee period of KRW 16,000 from June 16, 200, respectively, and the Defendant was granted a loan of KRW 35,00,000 from the Agricultural Cooperative of Chuncheon Livestock on the basis of the respective credit guarantee agreement.
B. At the time of the conclusion of each credit guarantee agreement, the Defendant agreed to pay the amount of performance of the guaranteed obligation, damages for delay in accordance with the interest rate set by the Plaintiff from September 11, 2001 to June 13, 2004, and the rate of damages for delay shall be 18% per annum for cases from June 14, 2004 to December 16, 201, 15% per annum for cases from June 14, 2004, and 12% per annum for cases from December 17, 201 to January 5, 2017.
C. As the Defendant did not pay the principal and interest of loan to the Nonghyup Livestock Cooperative, the Plaintiff subrogated to the Chuncheon Livestock Cooperative on September 11, 2001, the sum of KRW 10,806,711 and KRW 29,345,278, totaling KRW 40,151,989.
Accordingly, the penalty to be borne by the defendant is 12,054 won and 46,370 won in total, 58,424 won in total, and damages for delay incurred until January 5, 2017 are 24,431,45 won in total and 66,342,838 won in total and 90,74,293 won in total.
【Ground of recognition】 The fact that there has been no dispute, Gap 1 and 2, and the purport of the whole pleading
2. The assertion and judgment
A. According to the facts as to the cause of the claim, the Defendant shall pay to the Plaintiff damages for delay calculated at the rate of 12% per annum from January 6, 2017, when the original copy of the instant payment order was served on the Defendant from January 24, 2017 to January 24, 2017, with respect to KRW 40,151,984,706 (=40,151,989, KRW 589, KRW 90,774,293) and the amount of damages for delay calculated at the rate of 15% per annum from the following day to the date of full payment.
B. The gist of the Defendant’s assertion is as follows.