A. On April 27, 2009, Defendant A entered into a credit guarantee agreement with the Plaintiff and issued a credit guarantee agreement with the Plaintiff, and took out a loan of KRW 30 million from the Non-Party National Bank on the same day. ② On April 10, 2013, Defendant A entered into a credit guarantee agreement with the Plaintiff and received a credit guarantee agreement with the Plaintiff and received a loan of KRW 15 million from the Non-Party New Bank on the same day.

B. Defendant B jointly and severally guaranteed the obligation to return each indemnity that Defendant A owes to the Plaintiff in accordance with the above credit guarantee agreement.

C. On July 29, 2015, the Plaintiff subrogated for KRW 15,234,743 to the Non-Party New Bank, and KRW 21,591,220 to the Non-Party National Bank on December 30, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the defendants are jointly and severally liable to pay to the plaintiff the money subrogated to the non-party bank as above.

B. As to this, the Defendants asserted to the effect that the Plaintiff cannot pay dividends in the auction procedure against Defendant A’s real estate, but there is no evidence to prove that the Plaintiff received dividends in the auction procedure.

Therefore, the Defendants’ assertion cannot be accepted.

3. In conclusion, the Defendants are jointly and severally liable to pay to the Plaintiff the total amount of KRW 37,482,093 ( KRW 15,234,743 KRW 21,591,220) and KRW 15,234,743, whichever is the date of subrogation for the payment of KRW 20,720, July 29, 2015, which is the date of subrogation for the payment of KRW 12% per annum under the agreement from December 30, 2015, which is the date of delivery of a copy of the complaint in this case, until January 26, 2016, which is the date of delivery of a copy of the complaint in this case, and KRW 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment. Accordingly, the Defendants are obligated to accept the Plaintiff’s claim for delay damages as per Disposition.