A. On September 28, 2012, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with C as to the principal and interest of loan to be borne by C in obtaining a loan of KRW 33,000,000 from F Bank, with the loan of KRW 33,00,000,000, and with the maturity of September 27, 2013 (hereinafter “the instant credit guarantee agreement”). Defendant and D jointly and severally guaranteed the Plaintiff’s obligation under the said credit guarantee agreement with C.

B. Since then, the term of guarantee of the instant credit guarantee agreement was changed to September 21, 2018.

C. C received a loan of KRW 33,00,000 from the F Bank in the credit guarantee certificate issued by the Plaintiff, but did not repay it, and caused a credit guarantee accident due to the closure of business around July 2, 2018. The Plaintiff subrogated to F Bank for the total amount of KRW 33,38,760 (i.e., principal amount of KRW 33,00,000,000) in accordance with the credit guarantee agreement of this case on October 10, 2018.

According to the Credit Guarantee Fund Act and the Credit Guarantee Agreement, when the Plaintiff fulfilled the guaranteed obligation, the Plaintiff is paid 10% (1.7% per annum from the date of the performance of the guaranteed obligation to the date of full payment, and when the principal obligation within the guarantee period is not fulfilled, the Plaintiff is paid the interest rate prescribed by the Plaintiff (1.7% per annum) and the penalty according to the calculation method. The penalty currently incurred is 27,660 won (i.e., 33,00,000 x 0.00 x 0.017 x 0.017 x 18 x 365 x 9, Oct. 9, 2018).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant is a joint and several surety C, a main debtor C, a joint and several surety D and the plaintiff jointly and severally with the main debtor D (=27,60 won of the penalty by subrogation as KRW 33,338,760 of the subrogated payment) and the payment by subrogation for KRW 33,338,760 of the subrogated payment.