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1. The Defendant shall pay to the Plaintiff KRW 31,474,611 and the interest rate of KRW 20% per annum from December 25, 2014 to the day of complete payment.
Reasons
1. Determination as to the cause of claim
A. The facts of recognition 1) The defendant, on November 17, 1997, had the same company obtained a discounted bill loan of KRW 50,000,000 from Choung Bank, and had the guarantee period changed from November 16, 1998 to November 16, 1998 (the guarantee period thereafter was changed to November 16, 1999).
(i)a credit guarantee agreement established by the credit guarantee agreement (hereinafter referred to as “instant credit guarantee agreement”).
(2) Upon entering into a contract, B and C jointly and severally guaranteed all obligations owed to the Plaintiff by the same company, which is the principal debtor, based on the above credit guarantee agreement. (2) According to the credit guarantee agreement of this case, when the Plaintiff performed a credit guarantee obligation, the Defendant, etc., the principal debtor, the same company, and the joint and several sureties, shall pay to the Plaintiff the damages calculated by multiplying the amount of the performance of the guaranteed obligation and the amount thereof by the rate determined by the Plaintiff from the date of performance of the guaranteed obligation until the date of repayment.
Meanwhile, the rate of delay damages determined by the Plaintiff is 18% per annum from January 1, 1999 to May 31, 2005, 15% per annum from June 1, 2005 to November 30, 2012, and 12% per annum from December 1, 2012 to December 1, 2012.
3) On August 10, 1999, when a credit guarantee accident occurred due to the current transaction by the issuer of a bill, the Plaintiff subrogated for KRW 47,561,337 on December 27, 199. 4) The Plaintiff filed a lawsuit against the Defendant, the same company, etc. as the Seoul Central District Court 2004Kadan158052, and was rendered a final decision in favor of the Defendant, the same company, etc. on October 28, 2004, and the amount of subrogated for KRW 47,561,337 and the amount of subrogated for KRW 1,849,90.
5) Meanwhile, the Plaintiff recovered the total amount of the principal by subrogation over several occasions, and the Plaintiff incurred a total of KRW 29,114,308 from the date of subrogation to the date of recovery. 6) The Plaintiff is the same company, etc.