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1. The Defendant paid KRW 56,266,66 to the Plaintiff KRW 55% per annum from July 1, 2014 to January 16, 2015.
Reasons
1. Facts of recognition;
A. On October 30, 2007, the Plaintiff was appointed as the representative director of C (hereinafter “Nonindicted Company”) upon the Defendant’s request.
B. On December 26, 2007, when the Korea Technology Credit Guarantee Fund and the Korea Credit Guarantee Fund receive a loan from the non-party company, the non-party company was issued a guarantee to the effect that the loan is jointly and severally guaranteed, and on the same day, the plaintiff jointly and severally guaranteed the non-party company's liability for reimbursement against each of the above funds when the above funds pay the loan to the non-party
C. On December 31, 2007, the non-party company received each loan from the Korea Technology Credit Guarantee Fund on the basis of the letter of guarantee from the Korea Technology Credit Guarantee Fund, and then remitted each of the above loans to D Co., Ltd. operated by the defendant around that time.
As the non-party company was unable to repay its respective loans to a corporate bank and our bank, the Korea Credit Guarantee Fund repaid its loans equivalent to KRW 303,540,522 on September 2, 2008, and the Korea Technology Credit Guarantee Fund repaid its loans to the non-party company's corporate bank. On September 30, 2008, the Korea Technology Credit Guarantee Fund repaid its loans to the non-party company's corporate bank amounting to KRW 269,271,487.
E. Accordingly, on January 16, 2009, the Defendant settled the Plaintiff’s liability for reimbursement against each of the above funds (hereinafter “instant liability for reimbursement”) by August 30, 2009, and agreed to pay KRW 2,00,000 as of the 20th of each month from the time when the Plaintiff’s obligation for reimbursement was not settled, thereby hindering the Plaintiff’s economic activities, until the time when the instant obligation for reimbursement is settled.
F. On July 12, 2010, the Plaintiff declared bankrupt as the Incheon District Court Decision 2010Hadan4146, stating (i) the total amount of the remainder of the claim for reimbursement of this case, KRW 706,818,141, and (ii) the total amount of the loan and interest of financial institutions incurred before the representative director of the non-party company was appointed, including KRW 60,115,057, and KRW 766,93,198.