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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. (i) As between the Plaintiff and A on June 13, 2014, the Plaintiff entered into a credit guarantee agreement between the Plaintiff and A with the coverage of KRW 102,00,000,000 as the guaranteed amount, as of June 13, 2019 (hereinafter “the instant credit guarantee agreement”); and A borrowed KRW 120,000,000 from C (hereinafter “C Bank”) under the instant credit guarantee agreement as of the same day.
(hereinafter referred to as “the instant loan”. She agreed to pay the amount of performance of the guaranteed obligation when the Plaintiff performed the guaranteed obligation, the rate and method of calculation as determined by the Plaintiff from the date of performance of the guaranteed obligation to the date of repayment, expenses incurred in the performance of the guaranteed obligation, expenses incurred in the preservation, transfer and exercise of the right acquired through the performance of the guaranteed obligation, unpaid guarantee fee, overdue guarantee fee, additional guarantee fee, etc.
B. (i) From December 12, 2016, A lost the benefit of time due to delay in paying the principal and interest of the instant loan to C Bank from December 12, 2016. On April 28, 2017, the Plaintiff subrogated to C Bank KRW 64,382,415 pursuant to the Credit Guarantee Agreement.
(B) After this, A has repaid KRW 1,025,933 out of the above subrogated amount. The rate of delay damages for the recourse obligation as determined by the Plaintiff was 12% per annum from April 28, 2017, and the legal procedure expenses (payment by subrogation) paid by the Plaintiff to secure the claim for reimbursement after the performance of the guaranteed obligation is 934,680 won, which remains 595,870 won (=934,680 won-33,810 won) as of which the reimbursement was made, and the final delay damages incurred are 70 won.
C. (1) The Defendant began a transaction between A and A, which engages in the export and sale of motor vehicle products in the trade name of “F” from around 2012 while operating a business entity that supplies rectangulars, sphones, etc. in the trade name of “E” in Seo-gu Incheon, Seo-gu, Incheon.