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1. The defendant shall be the plaintiff.
(a) KRW 345,180,085 and out of KRW 303,503,519, to the extent not exceeding KRW 350,000.
Reasons
1. Basic facts
A. On February 2, 2015, the Plaintiff entered into a credit transaction agreement (hereinafter “each of the instant credit transaction agreements”) with Company B (hereinafter “B”) and carried out each of the loans worth KRW 350 million (hereinafter “the instant credit transaction agreement”) and KRW 2950 million (hereinafter “the instant loan agreement”) with the Plaintiff with respect to the said loan and KRW 350 million (hereinafter “the instant loan transaction agreement”) and KRW 2950 million (hereinafter “the instant loan agreement”), each of the loans of KRW 640 million in total.
B. On February 2, 2015, the date of the conclusion of each of the instant credit transaction agreements, the Defendant: (a) each of the extended guarantee limits amounting to KRW 350,000,000 and KRW 295,000,000; and (b) as to the scope of the guaranteed obligation, each of the extended guarantee certificates (hereinafter collectively referred to as “each of the extended guarantee certificates of this case”; and (b) each of the extended guarantee certificates, the extended guarantee amounting to KRW 350,000,000,000,000 for the extended guarantee amounting to KRW 295,000,000,000,000 for the extended guarantee amount, was formulated and issued to the Plaintiff, respectively.
C. Meanwhile, each credit transaction agreement of this case provides that the interest rate shall be 6.8% per annum until the expiration date of the credit. The delay rate shall be 11% per annum if the delay period is less than three months, 12% per annum if the delay period is less than six months, 14% per annum if the delay period is less than six months, and 14% per annum if the delay period exceeds six months, and the maximum delay rate shall be 20% per annum.
However, B lost the benefit of time on January 15, 2016, and as of September 26, 2016, the outstanding principal and interest of the first credit transaction agreement of this case as of September 26, 2016 are KRW 345,180,085 (the principal and interest of this case are KRW 303,519,961). The outstanding principal and interest of the second credit transaction agreement of this case are KRW 249,43,661 in total (the principal and interest of this case are KRW 23,91,498).
[Ground of recognition] A.