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1. The Defendant’s annual interest in KRW 109,086,928 and KRW 43,731,893 among the Plaintiff, from August 7, 2018 to August 20, 2018.
Reasons
1. Determination on the cause of the claim
A. The facts of recognition (1) C Cooperatives (hereinafter “C Cooperatives”) concluded a credit guarantee agreement with B on March 11, 2002 with B, with interest rate of KRW 6.5% per annum, interest rate of KRW 20 million per annum, interest rate of KRW 15% per annum, and due date of payment on March 11, 2007, and the D Fund (hereinafter “D”) guaranteed B’s debt of the said loan.
(2) On November 23, 2004, the Credit Guarantee Agreement (hereinafter “Credit Guarantee Agreement”) set forth and lent to B 5% per annum interest rate of 14 million won per annum, 12% per annum, due date for repayment on November 23, 2009, and D guaranteed B’s above loan obligations by entering into a credit guarantee agreement with B.
(hereinafter “Second Credit Guarantee Agreement”) A. (3) A. B. around July 6, 2005, around 2005, the C.C. leased 6 million won interest rate of 8.5% per annum, delay damages rate of 14% per annum, and July 7, 2008. D entered into a credit guarantee agreement with B, and guaranteed B’s debt of the loan.
(hereinafter referred to as “Third Credit Guarantee Agreement”). (4) B did not pay each of the above loans, D paid 21,898,959 won to CK on September 20, 2007 under the first credit guarantee agreement, 17,312,475 won under the second credit guarantee agreement, and 6,290,333 won by subrogation under the third credit guarantee agreement.
(5) On December 21, 2017, D transferred the claim for indemnity against B arising from the said subrogation to the Plaintiff, and notified B of the transfer of the claim.
(6) As of August 6, 2018, the amount of subrogated principal of the indemnity claim under the 1st credit guarantee agreement is KRW 20,129,085, and the amount of damages is KRW 30,592,378, and the amount of damages is KRW 17,312,475, the amount of subrogated principal of the indemnity claim under the 2nd credit guarantee agreement is KRW 25,512,111, and the amount of damages is KRW 6,290,333, and the amount of subrogated principal of the indemnity claim under the 3rd credit guarantee agreement is KRW 9,250,546.
[Ground of recognition] Facts without dispute, entry of Gap 1 to 5 evidence, purport of the whole pleadings
B. According to the above facts of recognition, there are no special circumstances.