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1. As to KRW 50,107,01 and KRW 50,106,887 among the Plaintiff-Counterclaim Defendant and KRW 50,106,887, October 31, 2011.
Reasons
1. Facts of recognition;
A. In receiving a loan of KRW 50 million from the Industrial Bank of Korea, the Plaintiff issued, on March 17, 2010, a credit guarantee letter with the guarantee period from March 17, 201 to March 16, 201, the guarantee amount of which is KRW 50 million with respect to the principal and interest of a loan of KRW 50 million.
Since then, the guarantee period of the credit guarantee is extended by March 16, 2012.
B. According to the credit guarantee agreement concluded between the Plaintiff and the Defendant regarding the issuance of the above credit guarantee certificate, the Defendant agreed to pay the Plaintiff the amount of the performance of the guaranteed obligation, ② the amount calculated by multiplying the amount of the performance of the guaranteed obligation by the rate set by the Plaintiff from the performance of the guaranteed obligation to the repayment date, ③ the expenses incurred in the performance of the guaranteed obligation, ④ the expenses incurred in the preservation, transfer and exercise of the right acquired through the performance of the guaranteed obligation, ⑤ the unpaid guarantee fee, delayed guarantee fee, penalty, ④ the amount paid under the above (3) and the amount paid under the above (4) multiplied by the rate set by
C. Since then, on October 31, 201, the Plaintiff paid the Bank the principal amounting to KRW 50,000,000 and interest KRW 407,157,157 on October 31, 201 due to the repayment of credit guarantee obligations. The amount remaining after recovering KRW 300,270 on the same day is KRW 50,106,887 (=50,407,157 – KRW 300,270).
On the other hand, damages for delay determined from the date of subrogation to the date of recovery for 300,270 won recovered as above are 123 won.
The rate of damages determined by the Plaintiff is 15% per annum from June 1, 2005 to November 30, 2012, 12% per annum from December 1, 2012 to January 31, 2016, and 10% per annum from February 1, 2016 to February 1, 2016.
E. On September 5, 2013, the Defendant applied for bankruptcy and exemption and rendered a judgment of bankruptcy on November 25, 2013, and thereafter, decided to grant exemption to the Defendant on January 13, 2014.