1. As to KRW 81,917,156 and KRW 81,615,396 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from December 28, 2018 to February 26, 2019.

1. Facts of recognition;

A. On October 31, 2014, when the Plaintiff borrowed KRW 100 million from Company B (hereinafter “C”), the Plaintiff entered into a credit guarantee agreement (hereinafter “credit guarantee agreement”) with the Defendant, setting the credit guarantee principal as KRW 90 million from October 31, 2014 to October 30, 2015, with the period of the credit guarantee (hereinafter “credit guarantee agreement”). Under the agreement, the Plaintiff agreed to receive the amount of the guaranteed obligation discharged from the Defendant when the Plaintiff fulfilled the guaranteed obligation, the amount of the guaranteed obligation discharged from the Plaintiff, the amount of damages at the interest rate determined by the Plaintiff, and the penalty.

B. On October 31, 2014, the Plaintiff issued a credit guarantee statement with the principal of the credit guarantee amounting to KRW 90 million under the said credit guarantee agreement to C. On October 31, 2014, C loaned the Plaintiff’s credit guarantee amount of KRW 100 million to the Defendant as a company’s general fund as a security, and thereafter, the credit guarantee period was extended until October 26, 2018.

C. On November 1, 2018, the Plaintiff subrogated to the Defendant for the principal and interest of KRW 81,615,396 (i.e., the principal and interest of KRW 80,750,000) (i.e., KRW 865,396) of the outstanding principal and interest of KRW 81,615,396).

Meanwhile, the contractual penalty to be paid by the Defendant is KRW 301,760, and the rate of damages determined by the Plaintiff is 10% per annum from February 1, 2016.

【Ground for recognition】 There is no dispute

2. Determination

A. According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 81,917,156, including the amount of subrogated payment (=amounting to KRW 81,615,396, KRW 301,760) and the amount of subrogated payment of KRW 81,615,396 from December 28, 2018, which is the date of subrogation, to February 26, 2019, the date of service of the original copy of the instant payment order, 10% per annum, which is the rate of contractual damages, and damages for delay calculated at the rate of 12% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

B. The defendant's oral agreement to treat the plaintiff in installments is to repay the principal and interest in an equal manner.