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1. As to KRW 15,237,40 and KRW 15,237,303 among the Plaintiff, Defendant A shall be from March 11, 2016 to April 1, 2016.
Reasons
1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the whole pleadings in each of the statements in Gap evidence No. 1-1-7, Gap evidence No. 2, and Eul evidence No. 1.
On January 28, 2014, the Plaintiff filed an application for individual rehabilitation between the Plaintiff and the Defendant on February 3, 2016, the Defendant A filed an application for individual rehabilitation at 2016 U.S. District Court 2016 U.S. 6151, and the said court dismissed the said application on October 10, 2016.
On this issue, Defendant A appealed to the above court 2016Ra874.
B. On January 28, 2019, Defendant A entered into a credit guarantee agreement with the limit of credit guarantee amount of KRW 20,000,000, and the term of guarantee as of January 28, 2019 with respect to monetary liabilities to be borne by Defendant A from the National Bank (hereinafter “National Bank”) and issued a credit guarantee certificate to the National Bank on the same day.
Sheba National Bank extended KRW 20,000,000 to Defendant A on January 28, 2014 as security the said credit guarantee letter.
Defendant A, from August 25, 2015, failed to pay interest on loans to other financial institutions from August 25, 2015, and incurred a credit guarantee accident registered in credit management information on November 25, 2015, thereby losing the benefit of the national bank’s loans.
Applicant, on March 11, 2016, the Plaintiff repaid the principal and interest of the above loan to the National Bank on behalf of the Defendant A in subrogation of the Plaintiff, KRW 15,534,303, and collected KRW 297,000 on the same day and appropriated it for the partial repayment of the payment by subrogation, and thus, the Plaintiff’s claim for indemnity against the Defendant A (i.e., KRW 15,534,303 - KRW 297,000) and the final damages for the recovered amount of KRW 297,00 (=297,000 x annual 12%).
(v) At the time of the conclusion of a credit guarantee agreement, Defendant A agreed to pay damages for delay in accordance with the rate determined by the Plaintiff from the date of subrogation to the date of repayment.