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1. The Defendant’s annual interest in KRW 80,356,629 and KRW 77,860,731 among the Plaintiff, from January 30, 2019 to February 16, 2019.
Reasons
1. Basic facts
A. C (hereinafter referred to as “C”) concluded a credit guarantee agreement between the Plaintiff and the Plaintiff on April 10, 2017, which is the credit guarantee principal 50,000,000, and the credit guarantee term until April 4, 2018 (which is extended until April 4, 2019) in order to guarantee the payment of the loan, with a view to obtaining a loan from D (hereinafter referred to as “C”), and entered into a credit guarantee agreement between the Plaintiff, which is the credit guarantee principal 27,00,000,000, and the credit guarantee term until July 20, 202, and the Defendant jointly and severally guaranteed the Plaintiff under each of the credit guarantee agreements.
B. C received a loan from a stock company D as security, but failed to repay the loan. On October 5, 2018, the Plaintiff subrogated for KRW 78,190,765 in total in accordance with the respective credit guarantee agreements.
C. According to the above credit guarantee agreement, when the plaintiff performed the guaranteed obligation, the principal and the joint guarantor shall reimburse the amount of the guaranteed obligation, the amount of the guaranteed obligation performance, the rate determined by the plaintiff from the date of repayment to the date of repayment, and the amount of damages calculated by the calculation
The rate of damages for delay determined by the Plaintiff is 10% per annum, and as of January 29, 2019, the balance of principal of the guaranteed debt is 77,860,731 won, and damages for delay for the repayment of guaranteed debt is 2,495,898 won.
2. According to the above facts of determination, the Plaintiff acquired the claim for indemnity against the Defendant by subrogation. As such, the Defendant jointly and severally with C to the Plaintiff for the amount of KRW 80,356,629 (won 77,860,731 won 2,495,898) and the principal amount of KRW 77,860,731 among them, 10% per annum from January 30, 2019 to February 16, 2019, the delivery date of a copy of the complaint in this case, and 10% per annum from January 30, 2019 to May 31, 2019, and Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Etc. (amended by Presidential Decree No. 29768, May 21, 2019).