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1. Defendant A’s KRW 204,378,141 as well as 6% per annum from June 14, 2016 to July 13, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. On March 28, 2014, Defendant A entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B, setting the lease deposit amount of KRW 450 million and the lease term from March 31, 2014 to March 30, 2016 (hereinafter “instant lease agreement”).
B. 1) Samsung Life Insurance Co., Ltd. (hereinafter “Masung Life Insurance”)
(3) On March 28, 2013, Defendant A’s repayment period of KRW 200 million is March 30, 2016, the agreed interest rate (COFX interest rate + 2.33%), 5% per annum not exceeding one month in arrears, 7% per annum not exceeding three months in arrears, and 9% per annum exceeding three months, shall be added to the agreed interest rate on March 28, 2013, but a loan (hereinafter “instant loan”) at the highest rate of 17% per annum.
2) In addition, the Plaintiff’s claim for the refund of the said lease deposit based on the instant lease agreement is based on the collateral amounting to KRW 240,000,000 (hereinafter “instant lease”).
(2) On April 1, 2014, the New century, which represented by Defendant A, sent a content-certified mail notifying Defendant B of the establishment of the said pledge, and the above content-certified mail reached Defendant B around the third day of the same month. (2) On the same day, the Plaintiff entered into a credit guarantee agreement with Defendant A for the loan obligations of this case from April 4, 2014 to March 30, 2016.
According to the above credit guarantee agreement, when the plaintiff fulfilled the guaranteed obligation, the defendant A shall pay the amount paid by the plaintiff to the plaintiff for the performance of the guaranteed obligation and damages for delay (applicable to the overdue interest rate set by the plaintiff within the maximum of the overdue interest rate among the general loan interest rates of the city bank and the overdue interest rate under the loan agreement) from the day following the day of payment to the day of full payment.
C. The Plaintiff’s subrogation was due and payable by Defendant A.