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1. The Defendant’s annual interest in KRW 8,211,910 and KRW 8,102,891 among the Plaintiff, from October 20, 2015 to October 20, 2016.
Reasons
1. Facts of recognition;
A. On October 2, 2008, the Plaintiff obtained a loan of KRW 10,00,000 from the Nong Bank branch. Accordingly, the Plaintiff entered into a credit guarantee agreement with a content that guarantees the repayment of principal and interest of KRW 9,00,000 among the principal and interest of loan to be paid by the said bank (hereinafter “the instant credit guarantee agreement”).
B. As the Defendant was unable to repay the above loans, the Plaintiff subrogated to the Nonghyup Bank for the total amount of KRW 9,196,471 on October 20, 2015 pursuant to the credit guarantee agreement of this case.
C. At the time of the instant credit guarantee agreement, the Defendant agreed to reimburse the Plaintiff, when the Plaintiff performed the guaranteed obligation, the amount of the performance, delay damages in accordance with the interest rate set by the Plaintiff, discharge of the guaranteed obligation, and the expenses required for preserving and exercising the right to indemnity, and pay the overdue fees, additional guarantee fees, etc.
The Plaintiff recovered KRW 1,093,580 from the Defendant and the amount of subrogated payment is KRW 8,102,891 (= KRW 9,196,471 - KRW 1,093,580). As for the amount recovered, the amount of subrogated payment was determined delay damages of KRW 109,019.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. According to the above facts of determination, the Defendant, as the primary debtor of the credit guarantee agreement of this case, is obligated to pay to the Plaintiff damages for delay calculated by the annual rate of 12% per annum as agreed on October 20, 2015, the delivery date of a copy of the complaint of this case from October 20, 2016 to October 20, 2016, and 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the following day to the day of full payment.
3. Thus, the plaintiff's claim is justified and it is so ordered as per Disposition.