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1. The Defendant’s annual period from March 11, 2014 to November 11, 2015, as to KRW 73,764,875 and KRW 73,764,656 among the Plaintiff.
Reasons
The following facts may be acknowledged by the parties' assertion and judgment, either there is no dispute between the parties, or by viewing the overall purport of the pleadings in each entry of Gap evidence Nos. 1 through 4.
On September 25, 2008, between the Plaintiff and B, regarding KRW 100,00,000,00 borrowed from the Industrial Bank of Korea, the guarantee rate of KRW 85% was concluded, and the guarantee number C, which was determined on September 24, 2009 (which was extended to June 17, 2014), concluded a credit guarantee agreement between the Plaintiff and B. Under the said credit guarantee agreement, the Defendant agreed to provide all the joint and several sureties owed to the Plaintiff.
On September 26, 2008, B obtained a loan of KRW 100,000 from the Industrial Bank of Korea under the above credit guarantee agreement, and on September 23, 2013, the Plaintiff subrogated to the Industrial Bank of Korea for KRW 74,160,769 ( principal interest of KRW 72,560,000) on March 11, 2014.
After the above subrogation, the plaintiff recovered 749,594 won in total from B and appropriated 353,481 won among them to substitute payments, and appropriated 396,113 won in subrogation.
As of August 5, 2015, 219 won has accrued as of August 5, 2015, and since December 1, 2012, the rate of damages determined by the Plaintiff is 12%.
위 인정사실에 의하면, 피고는 B의 원고에 대한 채무에 관한 연대보증인으로서 잔존 대위변제금 및 확정손해금읨 합계금 73,764,875원(잔존 대위변제금 73,764,656원 확정손해금 219원) 및 그 중 잔존 대위변제금 73,764,656원에 대하여 대위변제일인 2014. 3. 11.부터 이 사건 소장부본 송달일인 2015. 11. 11.까지는 손해금율인 연 12%, 그 다음날부터 다 갚는 날까지는 소송촉진 등에 관한 특례법이 정한 연 15%의 비율로 계산한 돈을 지급할 의무가 있다
In this regard, even though the defendant discontinued joint and several sureties for an individual entrepreneur from May 2012, the defendant did not exclude the defendant from the joint and several sureties since the renewal of the guarantee agreement between the plaintiff and the defendant on September 20, 2012.